| Citation(s) |
|---|
| 2016 SLG 3131 2016 SLD 3131 2016 MLD 941 |
Sindh High Court
Cr. Acq. Appeal No. 8 of 2014, decided on 24th November, 2014.
AMER RAZA NAQVI, JUSTICE
Ms. Firdous Faridi for Appellant. Qaim Ali Memon for
Respondent. Shahzado Salim, A.P.G. for the State.
Cr. Acq. Appeal No. 8 of 2014, decided on 24th November, 2014.
AMER RAZA NAQVI, JUSTICE
Ms. Firdous Faridi for Appellant. Qaim Ali Memon for
Respondent. Shahzado Salim, A.P.G. for the State.
NOOR MUHAMMAD - --Appellant
VS
Mst. FEROZA and another - --Respondent
Law:
Section:
Penal Code (XLV of 1860) --------- ----------Ss. 448 & 34 --------- Criminal Procedure Code (V of 1898), S. 249-A --------- House trespass and common intention --------- Family dispute between daughter-in-law and father-in-law --------- Accused person was acquitted of charge by the Trial Court --------- Validity --------- No trespass had taken place and even at the time of alleged incident accused was inside the premises --------- Family dispute had been converted into criminal proceedings --------- Accused was still legally wedded wife of son of complainant --------- No civil proceedings had been initiated with regard to the property by the complainant --------- Relief which could be claimed in civil proceedings had been attempted to be enforced through criminal proceedings --------- No illegality, mis-reading or non-reading of evidence had been pointed out in the impugned --------- Trial Court had rightly exercised its power under S. 249-A, Cr.P.C. --------- Appeal was dismissed in circumstances. THIS ORDER PASSED BY: AMER RAZA NAQVI, JUSTICE:---------- Exemption is granted subject to all just exceptions. 2 & 3. Through this Cr. Acq. Appeal appellant has challenged the order dated 2-10-2013 passed by learned Judicial Magistrate X, Karachi Central in Cr. Case No. 5262/2012. This case was registered as a consequence of FIR No. 224/2012 under section 448/34, P.P.C., Police Station Azizabad. This FIR was got registered by the appellant and it was alleged in the FIR that respondent No. 1 who is daughter-in-law (wife of son of appellant),on account of family dispute locked the door of the flat and building from inside and as a consequence appellant and his son were deprived of entrance in the house. They also expressed fear that respondent No. 1/accused may dispose of valuable articles lying in the house. The matter proceeded before the trial Court who examined appellant and thereafter passed impugned order and acquitted the accused who is respondent No. 1 in this case. Learned counsel submits that although it is correct that accused did not enter the house unauthorizedly as she is still daughter-in-law of appellant but in view of the action complained in…
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