Law:

Section:

Illegal Dispossession Act (XI of 2005)--- ----S. 3---Criminal Procedure Code (V of 1898), S.200---Constitution of Pakistan, Art. 199---Constitutional petition---Illegal dispossession---Dismissal of complaint---Complaint, under S.3 of Illegal Dispossession Act, 2005, alleging that petitioners/proposed accused persons, had forcibly dispossessed complainant from the premises in dispute---Contention of the petitioners, was that complaint was not maintainable, as the same was filed malafidely and the Trial Court had recorded statement of the complainant without administering oath to her---Validity---For proceedings under Illegal Dispossession Act, 2005, recording of statement of the complainant, on oath was not essential requirement---Contention of the petitioners in view of the record, could not be sustained---Complainant was directed to be given opportunity to prove the contents of her complaint by adducing evidence---Order accordingly. Allah Wasaya and others v. Sikandar Hayat and others 2012 SCMR 193; Shahabuddin v. The State 2010 PCr.LJ 422 and Rana Muhammad Akram Khan v. Special Judge, Anti-Corruption Provincial, Faisalabad and others 2007 YLR 260 ref. JUDGMENT SYED AFSAR SHAH, J.---Through the instant writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan 1973, Fahidullah and three others, the petitioners, have impugned the order dated 14-6-2014 passed by learned Additional Sessions Judge-I Bannu, whereby their application for dismissal of the complaint on the ground of maintainability was disallowed. 2. We have heard arguments of learned counsel for the petitioners in motion and gone through the record appended with the petition. 3. It appears from the record available on file that on 15-2-2014, Mst. Dil Pazir Jan, the respondent/complainant, filed a complaint against Fahidullah and three others, the petitioners/respondents, under section 3 of the Illegal Dispossession Act, 2005, on the ground that she has been forcibly dispossessed by the respondents/petitioners from the premises indispute bearing Khasra No. 463 situated in the local limits of Sokari Zabta Khan Bannu. 4. During the proceedings conducted by the learned trial…

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