Case Details

Citation(s)
2015 SLG 2359 2015 SLD 2359 2015 PCRLJ 907
Balochistan High Court
Criminal Revision No. 24 of 2014, decided on 19th March, 2015. DATE of hearing: 4th December, 2014
MRS. SYEDA TAHIRA SAFDAR, J
Habib Tahir for Petitioner. Amir Hamza, Deputy Prosecutor-General for
Respondents

MUHAMMAD QASIM

VS

AHSAN RAZA and 2 others

Law:

Section:

Illegal Dispossession Act (XI of 2005)--- ----S. 5---Criminal Procedure Code (V of 1898), S. 265-K---Illegal dispossession---Complaint, withdrawal of---Petitioner was a complainant in similar complaint which was withdrawn and Trial Court declined to implead petitioner as complainant---Validity---Complaint neither contained names of witnesses nor gist of evidence---No assertion on the part of petitioner was available on record that despite providing necessary details Trial Court failed to summon the persons intended to be produced as witnesses---Trial Court might have recorded findings in exercise of powers available under S. 265-K, Cr.P.C. instead of allowing complaint to be withdrawn---Order of acquittal of accused was to be recorded in each case---Trial Court in the , discussed the material available before it and dismissed complaint for want of merit---Trial Court, though had not skillfully wrote the order but had arrived to a correct decision only with an error as it required to record an order of acquittal in favour of accused on dismissal of complaint---High Court upheld the order passed by Trial Court as the same was just and proper and complaint was dismissed for want of merit, while accused was acquitted of the charge---High Court directed Provincial Government to look into the affairs of education institution and to keep it on right path to save the children, who were real affectees---Revision was disposed of accordingly. JUDGMENT MRS. SYEDA TAHIRA SAFDAR, J.---The petitioner Muhammad Qasim is before this court to question order dated 31st December, 2013 of Additional Sessions Judge-VI, Quetta, whereby the trial Court allowed the complainant Muhammad Naqi to withdraw his complaint, and declined the request of the petitioner to array him as complainant in place of the complainant Muhammad Naqi. 2. The facts collected from the papers available in the case file that one Muhammad Naqi, (present respondent No. 2), approached the court to report his dispossession from the premises by filing a complaint under section 4 the Illegal Dispossession Act, 2005 (hereinafter referred "The Act 2005") against Ahsan Raza (present respondent No. 1). The complaint was…
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