Case Details

Citation(s)
2013 SLG 2552 2013 SLD 2552 2013 YLR 1088
Sindh High Court
Criminal Revision No. S-81 of 2011 M.A. No. 2706 of 2011 and M.A. No. 278 of 2012, decided on 11th February, 2013
AFTAB AHMED GORAR, J
Pir Bux Bhurgri for Applicants. Niaz Hussain Panhwar for
Respondents Nos.1 to 16. Shahzado Saleem Nahyoon, Asstt. P.G

ZEHRI and 2 others

VS

NIAZ HUSSAIN and 19 others

Law:

Section:

Illegal Dispossession Act (XI of 2005)--- ----S.3---Criminal Procedure Code (V of 1898), S.265-K---Illegal dispossession, complaint against---Complainants, had alleged that, accused duly armed with weapons, claiming to be owners of land in question, dispossessed the complainants from said land by illegally and forcibly occupying the same---Application filed by accused persons under S.265-K, Cr.P.C. for their acquittal was dismissed by the Trial Court---Validity---No offence could be made out against applicant/accused person, as the dispute was entirely of civil nature which had been converted into criminal proceedings with ulterior motives---Proceedings pending before the Trial Court, were quashed, in circumstances---Complainants were at liberty to approach the competent court of law to get their grievance redress, in circumstances. Miraj Khan v. Gul Ahmed and 3 others 2000 SCMR 122 ref. ORDER AFTAB AHMED GORAR, J.---Through this Revision Application, appli-cants have assailed order dated 26-5-2011 passed by the learned 1st Additional Sessions Judge Dadu in Sessions Case No.201/2011, whereby an application under section 265-K, Cr.P.C. filed by the applicants has been dismissed. 2. The facts leading to this Revision Application are that the respondents Nos.1 to 16 filed complaint under section 3 of Illegal Dispossession Act, 2005 before learned Sessions Judge Dadu, which was transferred to learned Ist Additional Sessions Judge Dadu for disposal according to law. In their complaints, the respondents Nos.1 to 16 claimed themselves to be legal heirs of late Allah Bux and Dhani Bux, who owned unsurveyed agricultural land situated in Deh Shori, Tapa Wahi Pandhi Taluka Johi District Dadu and that the same has been mutated in their name. They further contended that the land in question was being cultivated by the applicants as haris, they also constructed their houses on the same. It was the case of the respondents Nos.1 to 16 that about 10/15 days back from filing of the above complaint, they visited the land and found that the applicants duly armed with weapons claiming to be owners of the said land and thereby dispossessed them from the land in question by illegally…
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