Law: Illegal Dispossession Act, 2005

Section: 4,5,7,8,9

Law: Criminal Procedure Code (V of 1898)

Section: 154,173,190,202

(a) Illegal Dispossession Act (XI of 2005)--- ----S. 4---Criminal Procedure Code (V of 1898), S.190---Cognizance of offence---Scope---Illegal Dispossession Act, 2005 was a Special Law having overriding effect in the terms of its S.4 and had been promulgated to rid the people from menace of "Qabza groups" and land grabbers and also to protect the rights of owners and lawful occupants---Trial of accused under the Illegal Dispossession Act, 2005 could not be equated with the trial in a complaint under S.190, Cr.P.C. (b) Illegal Dispossession Act (XI of 2005)--- ----Ss. 4 & 5--- Criminal Procedure Code (V of 1898), Ss.154 & 173---Cognizance of offence, investigation and procedure---Scope---Section 4 of Illegal Dispossession Act, 2005 could be equated with S.154, Cr.P.C. and report under S.5(1) of the said Act with the report under S.173 Cr.P.C. Mst. Inayat Khatoon and others v. Muhammad Riaz and others 2012 SCMR 229 rel. (c) Illegal Dispossession Act (XI of 2005)--- ----Ss. 3, 4, 5, 7, 8 & 9---Criminal Procedure Code (V of 1898), Preamble & S.202---Illegal dispossession---Cognizance of offence, investigation and procedure---Extent and applicability of Criminal Procedure Code, 1898---Complainant had alleged that accused persons forcibly dispossessed him from his agricultural land---Under S.9 of the Illegal Dispossession Act, 2005 provisions of Cr.P.C. had specifically been made applicable to the proceedings under the Act---Upon taking cognizance under S.4 of the Act, Trial Court had to follow the procedure specifically provided under S.5 of the Act, instead of S.202, Cr.P.C. which was barred by S.9 of the Act---Procedure adopted by Trial Court, in the present case was foreign to the language of Act---Trial Court had committed material irregularity and illegality while forwarding the matter to the Area Magistrate for inquiry under S.202, Cr.P.C. which was not sustainable and was liable to be set aside---Constitutional petition was allowed accordingly. 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…

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