Law: Criminal Procedure Code (V of 1898)

Section: XX,XXII-A,242,265D,265C

Law: Illegal Dispossession Act, 2005

Section: 3,7

(a) Criminal Procedure Code (V of 1898)--- ---Chaps. XX & XXII-A & Ss.242 & 265D---Trial, commencement of-- Scope---Framing of charge---Taking of cognizance was not commencement of trial---Trial of a case commenced with the framing of the charge against the accused. (b) Illegal Dispossession Act (XI of 2005)--- ---Ss. 3 & 7---Criminal Procedure Code (V of 1898), Ss. 265C & 265-D---Constitution of Pakistan, Art.199---Constitutional petition---Complaint under S. 3 of Illegal Dispossession Act, 2005-Interim relief, grant of---Scope---Grant of interim relief "during trial"---Interim order for restoration of possession of disputed property was passed by Trial Court before commencement of trial---Legality--- Although copies were delivered to the accused under S. 265-C, Cr.P.C, but admittedly charge was not framed---As such question of commencement of trial did not arise---Grant of interim relief within the meaning of S. 7(1) of Illegal Dispossession Act, 2005, was subject to the condition "during the trial" which admittedly had not commenced in the present case---Interim order passed before commencement of trial was thus without lawful authority, and the same was set aside--- Constitutional petition was disposed of accordingly. JUDGMENT SIKANDAR ZULQARNAIN SALEEM, J.---Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 read with section 561-A, Cr.P.C., petitioner has called in question the order 26-5-2014 passed by learned Additional Sessions Rojhan, District Rajanpur in a private complaint filed under section 3 of Illegal Dispossession Act, 2005, whereby the petitioners and pro forma respondents were directed by the learned trial Court to hand over the possession of the land in dispute to the complainant/respondent No.3 within the period of ten days. 2. The background leading to the filing of the instant writ petition is that complainant/ respondent No.3 Burhan Khan has filed instant complaint under section 3 of the Illegal Dispossession Act of 2005 with the assertions that land subject of complaint situated in village kacha Mianwali No.1, Tehsil Rojhan, District Rajanpur is owned by him along with…

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