Law: Illegal Dispossession Act, 2005

Section: 3,5

Illegal Dispossession Act (XI of 2005) --------- ----------Ss. 3 & 5 --------- Illegal dispossession --------- Investigation of complaint --------- Object --------- Complaint filed by petitioner under Illegal Dispossession Act, 2005, was dismissed by Trial Court --------- Validity --------- Object of power to have complaint investigated through incharge of police station was to verify contents of complaint of complainant after satisfaction of Court that upon examination of complaint ingredients of S. 3(1) of Illegal Dispossession Act, 2005, were found in existence --------- Investigation under S.5 of Illegal Dispossession Act, 2005, could not be used as a tool for adding to allegation raised in complaint nor for gathering information or evidence so as to justify existence of a criminal act when the same could not be discerned from complaint itself --------- When Trial Court was satisfied that upon examination of complaint and documents annexed therewith ingredients of offence were not found to be in existence, it could dismiss the same on the ground that no offence was made out under S. 3 of Illegal Dispossession Act, 2005 --------- Before taking cognizance or even when directing investigation under S. 5 of Illegal Dispossession Act, 2005, Court had to satisfy that complaint had disclosed or stated existence of offence under S. 3 of Illegal Dispossession Act, 2005 --------- High Court in exercise of Constitutional jurisdiction remanded the matter, as order in question was passed by Trial Court by misreading or non-reading of material placed on record --------- Petition was allowed in circumstances. Waqar Ali and others v. The State through Prosecutor/Advocate-General, Peshawar and others PLD 2011 SC 181 and Mst. Inayatan Khatoon and others v. Muhammad Ramzan and others 2012 SCMR 229 rel. THIS JUDGMENT DELIVERED BY: ATHAR MINALLAH, JUSTICE:---------- The petitioner has invoked the jurisdiction of this Court under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 (hereinafter referred to as the 'Constitution') assailing order dated 29-01-2014 passed by the learned Additional Sessions Judge (East), Islamabad. 2. The facts, in brief, are…

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