Law:

Section:

a) Illegal Dispossession Act (XI of 2005)--- ----Ss. 3, 4 & 9---Criminal Procedure Code (V of 1898), Preamble---Prevention of illegal possession of property---Applicability of Cr.P.C.---Scope---Illegal Dispossession Act, 2005, contained no provision to provide a right of appeal or revision to the aggrieved person against interim or final orders passed in the cases filed under said Act---Absence of the provisions to the effect, never meant denial of right of appeal to an aggrieved person under said Act---Section 9 of Illegal Dispossession Act, 2005, was clear enough to extend the provisions of Cr.P.C. to the proceedings held under said Act, which was comprehensive enough to deal with the issue---Absence of specific provision of appeal in the Illegal Dispossession Act, 2005, in no way would affect the right of appeal or revision---Application of Cr.P.C., extended in the cases dealt under Illegal Dispossession Act, 2005, could be pressed when the difficulty would arise due to absence of specific provision---Aggrieved person, had a right of appeal or revision as provided in the Cr.P.C. for redressal of his grievance. (b) Illegal Dispossession Act (XI of 2005)--- ----Ss. 3, 4 & 5---Criminal Procedure Code (V of 1898), Ss.435 & 439---Illegal dispossession---Complaint against---Investigation and procedure---Revisional jurisdiction, exercise of---In the present case, no order of conviction or acquittal was passed on the allegation made in the complaint---No charge was framed, and complaint was dismissed before taking cognizance of the offence, and framing of the charge---Only an order for conducting investigation as required under S.5 of Illegal Dispossession Act, 2005 was on record---Trial Court concluded that the matter between the parties was purely of civil nature, not falling within the ambit of Illegal Dispossession Act, 2005, which resulted in dismissal of complaint---In absence of an order of acquittal or conviction on framing of the charge, revision petition, would be competent on dismissal of complaint, which would decide the maintainability of the petition---High Court, had to look into the legality of the order in exercise of its revisional…

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