Law: Illegal Dispossession Act, 2005

Section: 3

Illegal Dispossession Act, 2005 (XI of 2005)-- ----S. 3--Case Remand of--Accused was summoned to face trial--Filed application u/S. 265-K Cr.P.C. which was accepted--Appellant filed writ petition which was dismissed--Intra Court appeal was filed--Both said Courts were mainly influenced about the pendency of civil litigation in respect of plot in question--Order of single judge-in-chamber is not sustainable in eye of law--Intra Court appeal is allowed and complaint filed by complainant/Appellant shall be deemed to be pending before trial Court. THIS ORDER PASSED BY: ABDUL SATTAR, JUSTICE---.--- The appellant has filed this Intra Court Appeal against judgment dated 3.4.2014 passed by the learned Single Judge-in-Chamber whereby Writ Petition No. 2113/2013 filed by the appellant was dismissed. 2. Brief facts of the case are that a private complaint under the provisions of Illegal Dispossession Act, 2005 was filed by the appellant against Respondent No. 3 alleging therein that on 16.4.2011 at about 7.00 a.m. the said respondent aided by two persons illegally occupied 10-marlas plot owned by the appellant, which was situated adjacent to the plot owned by the wife of Respondent No. 3. The appellant produced cursory evidence, whereafter the Respondent No. 3 was summoned to face trial and was even charge sheeted and the complaint was fixed for leading prosecution/appellant evidence, when at this stage the Respondent No. 3 filed an application under Section 265-K of Cr.P.C. which was accepted by the learned Addl. Sessions Judge, Multan vide judgment dated 28.1.2013. The appellant impugned the said judgment before this Court through Writ Petition No. 2113/2013, which was however dismissed by the learned Single Judge-in-Chamber. Hence, this Intra Court Appeal. 3. Arguing the ICA, learned counsel for the appellant has submitted that learned Additional Sessions Judge, Multan while accepting the application under Section 265-K of Cr.P.C. was mainly influenced by a fact that in respect of dispute of plot in question a civil suit, filed prior to the institution of the complaint, was pending and it was unduly observed that complaint was filed to pressurize the Respondent No. 3.…

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