Law: Criminal Procedure Code (V of 1898)

Section: 145(7),265-K,431,439,561A

Law: Illegal Dispossession Act, 2005

Section: 3,4,31

Illegal Dispossession Act, 2005 (XI of 2005)-- ----Ss. 3 & 4--Criminal Procedure Code, (V of 1898), Ss. 145/265-K--Revision petition--Criminal revision--Petitioners have assailed the passed by Additional Sessions Judge, whereby application u/S. 265-K, Cr.P.C. was accepted--During pendency of the instant criminal revision, respondent has died--the objection regarding maintainability of instant criminal revision after death of Respondent/accused--deceased without any lawful authority illegally encroached upon the property in question as reflected from the revenue report prepared by Naib Tehsildar as well as by the I.O, whereas criminal Court was only required and prompted to form prima facie opinion of the title for the purpose of Illegal Dispossession Act, 2005 and that too without prejudice to the final and authoritative adjudication on the matter of civil dispute, however, as such there is no civil suit pending at this stage--When the Court has issued the process only on being satisfied that prima facie case was made out and as such the cognizance taken cannot be recalled and reversed, especially when charge has been framed by the Trial Court, only course to be left in such eventuality to accused side is to assail such process before the Appellate or Revisional Court as the criminal law does not provide any power of review to the same Court--Instant criminal revision is allowed--The SHO, P.S Kohsar and Tehsildar are directed to restore the possession of the disputed property of the petitioners within 30 days in accordance with the reports after demarcation on spot and shall also enter the same in the revenue record for future reference under the law. AIR 1973 Jammu & Kashmir 70; AIR 1934 Calcutta 787; AIR 1964 Supreme Court 1645; 2009 SCMR 1066; PLD 2001 SC 433 ref. Abatement of the proceedings-- ----Due to death of Respondent No. 1/accused, the proceedings shall not abate and the proceedings shall continue against the legal heirs of the deceased to the extent of illegal possession of disputed land. 2006 SCMR 1287; AIR 1964 Supreme Court 1645; AIR 1973 Jammu & Kashmir 70; AIR 1934 Calcutta 787 ref. Abatement of Appeals-- -----S. 431 of Criminal…

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