Law:

Section:

Farrukh Gulzar Awan, J. Through the above captioned constitutional petition under Article 199 of The Constitution of Islamic Republic of Pakistan, 1973, petitioners Taimoor Ahmad and Muhammad Altaf have called in question the legality of order dated 3.7.2009 passed by the learned Additional Sessions Judge, Mian Channu in private complaint titled "Saad Ahmad Khan vs. Taimoor Ahmad & 9 others" filed by respondent No.2 under Sections 3, 4, 7 & 8 of The Illegal Dispossession (Act XI of 2005) whereby after inquiry under Section 202 Cr.P.C., the petitioners and respondents No.3 to 10 were summoned to face the trial of aforesaid private complaint. 2. Succinctly, the facts of the case are that respondent No.2 filed the aforementioned private complaint against the petitioners and respondents No.3 to 10 alleging therein that on 27.4.2009 at about 4 O'clock, the petitioners along with respondents No.3 to 6 while armed with fire arms, forcibly dispossessed respondent No.2 from his agricultural land measuring 79-Kanals, 15-Marlas situated in square No.53, Qilla No.1 to 10 and square No.54 Qilla No.1, in Chak No.2/8-AR, Tehsil Mian Channu, District Khanewal. It was further alleged that the aforesaid persons in connivance with respondents No.7 to 10 got prepared false and forged documents in respect of the property in dispute in order to deprive respondent No.2 from his lawful property. 3. Learned trial Court, after recording cursory evidence of respondent No.2, referred the matter to the learned Area Magistrate for inquiry under Section 202 Cr.P.C. And also to visit the spot through his subordinate, who after recording the cursory statements of witnesses, deputed his Naib Court for spot inspection. The Naib Court visited the spot, recorded statements of witnesses, obtained affidavits, prepared map of the land and submitted his report and the learned Area Magistrate while relying on the said report, forwarded complaint under Section 202 Cr.P.C. Being prima facie made out against the petitioners and respondents No.3 to 10 to the learned trial Court, who on receiving said report, summoned the petitioners as well as respondents No.3 to 10 to face the trial under the Act…

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