Law: Constitution of Pakistan, 1973

Section: 199

Law: Criminal Procedure Code (V of 1898)

Section: 154,173,190,200,202

Law: Illegal Dispossession Act, 2005

Section: 3,4,5,7,8

Constitution of Pakistan, 1973-- ----Art. 199--Illegal Dispossession (Act XI of 2005) Ss. 3, 4 & 5--Constitutional petition--Private complaint--Allegation of--Forcibly dispossession from Agricultural land--Trial Court after recording evidence referred matter to Area Magistrate for inquiry--Inquiry report--Parties were summoned to face trial--Challenge to--Upon taking cognizance under Section 4 of Act ibid, learned trial Court has to follow procedure specifically provided under Section 5 of Act ibid instead of procedure provided under Section 202 Cr.P.C. being barred under Section 9 of Act ibid--Procedure adopted by learned trial Court is foreign to language of this Act and is not appreciateable--Learned trial Court has committed material irregularity and illegality while forwarding matter to learned Area Magistrate for inquiry under Section 202 Cr.P.C, which is not sustainable and is liable to be set aside--Petition allowed and case was remanded. 2012 SCMR 229, ref. THIS JUDGMENT DELIVERED BY: FARRUKH GULZAR AWAN, J.- Through the above captioned constitutional petition under Article 199 of The Constitution of Islamic Republic of Pakistan, 1973, petitioners Taimoor Ahmad and Muhammad Altaf have called in question the legality of order dated 3.7.2009 passed by the learned Additional Sessions Judge, Mian Channu in private complaint titled "Saad Ahmad Khan vs. Taimoor Ahmad & 9 others" filed by Respondent No. 2 under Sections 3, 4, 7 & 8 of The Illegal Dispossession (Act XI of 2005) whereby after inquiry under Section 202 Cr.P.C, the petitioners and Respondents No. 3 to 10 were summoned to face the trial of aforesaid private complaint. 2. Succinctly, the facts of the case are that Respondent No. 2 filed the aforementioned private complaint against the petitioners and Respondents No. 3 to 10 alleging therein that on 27.4.2009 at about 4 O'clock, the petitioners along with Respondents No. 3 to 6 while armed with fire arms, forcibly dispossessed Respondent No. 2 from his agricultural land measuring 79-Kanals, 15-Marlas situated in square No. 53, Qilla No. 1 to 10 and square No. 54 Qilla No. 1, in Chak No. 2/8-AR, Tehsil Mian Channu, District Khanewal. It…

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