Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 22-A---Police Order (22 of 2002), Art.156---Illegal Dispossession Act (XI of 2005), S.3---Penal Code (XLV of 1860), S.447---Constitution of Pakistan, Art.199---Illegal dispossession, criminal trespass---Constitutional petition---Petitioner challenged the order of Sessions budge/Justice of Peace directing restoration of possession of the house and registration of F.I.R. against petitioner on the application filed by respondents---Validity---Respondents were required to have filed two separate applications under Illegal Dispossession Act, 2005 and the Police Order, 2002---Restoration of possession and registration of criminal case. could not be sought in one and the same application---Application filed by respondents did not mention the law under which reliefs were sought---Court below did not fulfil the formalities required under S.22-A, Cr.P.C. and under the Illegal Dispossession Act, 2005 and passed order without framing the charge or holding inquiry---Prima facie, no case for registration of F.I. R. was made out against the petitioner---Application filed by respondents before Sessions Judge/Justice of Peace was held to have not been filed either under Illegal Dispossession Act, 2005 or under S.22-A, Cr.P.C.---Impugned order was set aside for being illegal---Petition was accepted. JUDGMENT ATTAULLAH KHAN J.---The petitioner Muhammad Ismail Khan has filed this Constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 to declare the order dated 28-10-2009 passed by the learned Sessions Judge Lakki Marwat as illegal ab initio having no effect upon his rights. 2. Briefly stated facts of the case are that Mst. Hajra Bibi and her husband, namely, Ali Muhammad, respondents herein, have applied to the Sessions Judge Lakki for initiating legal proceeding against the petitioner Muhammad Ismail Khan along with Abdul Majeed Khan and restoration of possession of a residential house and other house-hold articles. 3. The learned Sessions Judge served the respondents with notice and Bailiff of the Court was also directed to submit a detailed report about the allegations of the petitioners…

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