Law: identification of Prisoners Act, 1920

Section: 3,8A

Law: Criminal Procedure Code (V of 1898)

Section: 4(h)

Law: Illegal Dispossession Act, 2005

Section: 8A

(a) Illegal Dispossession Act (XI of 2005)--- ----Ss.3 8A---Criminal Procedure Code (V of 1898), S.4(h)---Prevention of illegal dispossession of property, etc---Appeal---Appeal against acquittal---Appeal against dismissal of complaint---Maintainability---Scope---Section 3(1) of Illegal Dispossession Act, 2005, makes illegal occupation of the property as an offence and subsections (2) (3) thereof provide the punishment for illegal occupation of the property---Trial Court has discretion either to acquit or convict the accused or even dismiss the complaint, if found not maintainable, keeping in view the law and evidence on record---Order of acquittal of the accused, dismissal of the complaint or conviction of the accused fall within the mischief of word order and are thus appealable in terms of S.8A of the Illegal Dispossession Act, 2005---Dismissal of complaint shall have the same consequence because the complaint, as provided in the Illegal Dispossession Act, 2005, is not synonymous with the complaint as provided in S.4(h) of the Criminal Procedure Code, 1898---Appeal against the order of acquittal passed by Trial Court under the Illegal Dispossession Act, 2005 was declared to be maintainable. Pir Farman Ali Shah and 10 others v. Yousaf Khan and 4 others 2019 MLD 1622; Zafar Iqbal v. The State and 5 others 2012 PCr.LJ 507; Mian Sharif Khan v. Nawab Khan and 5 others PLD 2011 Pesh. 86, Mian Bahadur Jan v. The State and another PLD 2009 Pesh. 70; Yafas v. The State and others PLD 2007 Pesh. 123 and Faiz Muhammad and others v. Mehrab Shah and others PLD 1997 Pesh. 166. distinguished. (b) Illegal Dispossession Act (XI of 2005)--- ----S.8A---Appeal---Scope---Words any order occurring in S.8A of the Illegal Dispossession Act, 2005, have a wider connotation and exhibit the intention of the lawmaker---Word any is indeed a word of wider meaning which prima facie means without limitation. Lakhi Barua v. Union of India AIR 2008 Cal. 59 rel. (c) Words and phrases--- ----Order---Meaning---Scope---Word order, when not defined or explained in an Act, would be held equivalent to or synonymous to the word decision. Beneth Coleman Co. v. ITO 1983 141 ITR 239, 245 rel. JUDGMENT…

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