Law: Illegal Dispossession Act, 2005

Section: 3,4,7

Law: Constitution of Pakistan, 1973

Section: 3,4,7

Law: General Clauses Act, 1897

Section: 26

Illegal Dispossession Act (XI of 2005)--- ----Ss.3, 4 & 7---Constitution of Pakistan, Art.13---General Clauses Act (X of 1897), S.26---Double jeopardy, principle of---Applicability---Word "offence" as mentioned in Art.13 of the Constitution disclosed the act or omission made punishable under the same provision of law and if the same was punishable under the different statutes/provisions of law, it could not be said to have committed the same offence---Principle of "double jeopardy" was applicable to the same offence under the same statute/provisions of law only---In the present case, the complainant re-agitated his grievance by filing second private complaint in respect of the same occurrence and same accused by alleging that accused forcibly dispossessed the complainant from his land---Constitutional petition of complainant was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: FARRUKH GULZAR AWAN, JUSTICE:---.--- Through the above captioned constitutional petition under Article 199 of The Constitution of Islamic Republic of Pakistan, 1973, petitioner Mukhtiar Ahmad has called in question the legality of order dated 13.2.2010 passed by the learned Additional Sessions Judge, Multan whereby application of respondents Nos.2 to 5 for dismissal of private complaint titled "Mukhtiar Ahmad v. Muhammad Hussain etc." filed by the present petitioner under Sections 3, 4 and 7 of The Illegal Dispossession Act, 2005 (XI of 2005), Police Station, Alpa Multan, was allowed resulting in dismissal of the complaint. 2. Succinctly, the facts giving rise to the instant constitutional petition are that the petitioner is in second round of litigation on the subject. In his first complaint on the same subject and between same parties, it was alleged that respondents Nos.2 to 5 forcibly dispossessed the petitioner from his land situated at Khu Mithu Wala, Mouza Inayatpur Mahoota, Tehsil and District Multan, which was dismissed by the learned trial Court on 24.2.2007 while relying the case titled "Zahoor Ahmad and 5 others v. The State and 3 others (2007 PCr.C 201)". The petitioner assailed the said order through Writ Petition No. 990 of 2007, which also met the same fate vide…

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