Law: Illegal Dispossession Act, 2005

Section: 3,4,5

Law: Criminal Procedure Code (V of 1898)

Section: 22A

Illegal Dispossession Act (XI of 2005)--- ----Ss. 3 & 4---"Illegal Dispossession"---Encroachment over property---Scope---Petitioner claimed that respondents had encroached upon his property by constructing a wall over his property---Trial Court dismissed the complaint---Validity---Allegation against respondents was of encroachment rather than of criminal trespass or unlawful entry with the intention of grabbing the land or of dispossession---Mere encroachment was something different from "illegal dispossession" as the former did not involve intentional grabbing of the property, therefore, the element of mens rea was missing---Necessary ingredient of offence under S. 3 of Illegal Dispossession Act, 2005 was not disclosed in the complaint---Trial Court had rightly dismissed the complaint---Appeal was dismissed. Waqar Ali and others v. The State through Prosecutor/AG PLD 2011 SC 181 rel. THIS JUDGMENT DELIVERED BY: SHAKEEL AHMAD, J.--- The petitioner, namely, Muhammad Bilal, by filing this Criminal Appeal has impugned the order dated 13.11.2017, passed by the learned Additional Sessions Judge-V, Dera Ismail Khan, whereby the complaint filed under sections 3/4 of Illegal Dispossession Act, 2005, was dismissed. 2. Precisely, the facts giving rise to the instant petition are that the petitioner filed a complaint under sections 3/4 of the Illegal Dispossession Act, 2005, against the respondents Nos. 1 to 3, alleging therein that he along with his brother and sisters and mother are owners in possession of the land in Khasra Nos. 696, 695 at Mouza Dewala, Tehsil and District Dera Ismail Khan, prior to that Karim Bakhsh predecessor-in-interest of the petitioners was owner of the property in question and after his death the property was inherited by them. The house of the respondents lies towards eastern side of the property in question. On 23.02.2011, the respondents attempted to affix a door at western side of their wall upon which the said Karim Bakhsh (now dead), moved an application before SHO, Police Station Cantt; D.I. Khan, whereon, the respondents were restrained by the police. The respondents had purchased adjacent property to subject property, where against…

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