Law: Illegal Dispossession Act, 2005

Section: 3,4,4(2)

Law: Criminal Procedure Code (V of 1898)

Section: 247,247(1),417(2),439

Illegal Dispossession Act (XI of 2005)--- ----Ss. 3 & 4---Criminal Procedure Code (V of 1898), Ss. 247, 417(2), & 439---Revision---Maintainability---Non-appearance of complainant---Dismissal of complaint---Complainant was aggrieved of order passed by Trial Court whereby his complaint was dismissed under S. 247, Cr.P.C. and accused was acquitted---Validity---Complainant initiated proceedings under S. 3 of Illegal Dispossession Act, 2005 and Trial Court under S. 4 of Illegal Dispossession Act, 2005, took cognizance---Where contravention of S. 3 of Illegal Dispossession Act, 2005 was made out on a complaint, the offence was non-cognizable under S. 4(2), Illegal Dispossession Act, 2005---No provision of appeal in Illegal Dispossession Act, 2005 existed but Criminal Procedure Code, 1898, was applicable and provisions of appeal and revision provided in Criminal Procedure Code, 1898, were applicable by implication--- Complainant had remedy of filing application for leave to appeal within 60 days from date of order but he did not do so and instead instituted revision---Remedy was available to complainant under S. 417(2), Cr.P.C. but neither same was availed nor any request was made for conversion---Complainant failed to point out any illegality or error of law committed by Trial Court---Petition was dismissed in circumstances. Syed Tahir Mehmood Shah v. Syed Iftikhar Hussain Shah and others 2012 PCr.LJ 927; M.N. Salar v. The State and 3 others 1998 PCr.LJ 1909; Mst. Akhtar Bano v. Umar Baz and another 2006 PCr.LJ 1101; Gul Hassan v. Muhammad Usman and 4 others 2012 PCr.LJ 268; Muhammad Amin v. M. Ilyas Dadoo 2008 YLR 2824; Arif Ali Khan and another v. The State and 6 others 1993 SCMR 187; Bahadur and another v. The State and another PLD 1985 SC 62; State v. Aftab Ahmad 2007 SCMR 1017; Habibullah and another v. The State and 9 others 2009 MLD 1162 and Karim Dad v. Muhammad and others 1980 PCr.LJ 1272 ref. Muhammad Bakhsh v. Iqbal Ahmad alias Ahmad and another 1980 PCr.LJ 191; Zahoor and another v. Said-ul-Ibrar and another 2002 PCr.LJ 181 and Mst. Neelam Parveen v. The State and 7 others 2012 PCr.LJ 581 rel. THIS JUDGMENT DELIVERED BY: AAMER FAROOQ, J.--- The…

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