Law: Illegal Dispossession Act, 2005

Section: 3,4

Law: Criminal Procedure Code (V of 1898)

Section: 265-k

Illegal Dispossession Act (XI of 2005)--- ----Ss.3, 4---Criminal Procedure Code (V of 1898), S.265-K--- Prevention of illegal possession of property---Cognizance of offence---Power of court to acquit accused at any stage---Case registered upon complaint---Scope assailed order passed by Trial Court whereby her application under S.265-K, Cr.P.C. for pre-mature acquittal was dismissed---Validity---Bare reading of S.265-K, Cr.P.C., revealed that it was not meant for cases registered upon complaint---Once cognizance was taken in terms of Ss.3, 4 of Illegal Dispossession Act, 2005, the complaint could not be dismissed summarily---Dispute between the parties could not be resolved under S.265-K, Cr.P.C., by acquitting the accused person---Revision application was dismissed, in circumstances. Tajammul H. Lodhi for Applicant. Zafar Ahmed Khan, Addl. P.G. Sindh for the State. Respondent No.1 present in person. ORDER AFTAB AHMED GORAR, JUSTICE:---.--- The application under section 265-K, Cr.P.C. filed by the applicant before learned XIIth Additional Sessions Judge, Karachi South was dismissed vide order dated 26.03.2019, penultimate para of which is reproduced as under;- "It is on record that complainant is registered owner of the property viz. office No. 10, 8th floor office Tower MA Jinnah Road adjacent to Gul Plaza Karachi and accused is occupying the same having no title document or any license with her. Moreover the statements recorded by the inquiry officer have supported the version of complainant. Witnesses are yet to be examined, therefore, it cannot be said at this stage there is no probability of accused being convicted of alleged offence. In view of above discussion I do not find any substance in the instant application and the same is hereby dismissed with no order as to cost." 2. Being aggrieved and dissatisfied with the above order, the captioned Criminal Revision Application under sections 435/436/439 read with section 561-A, Cr.P.C., is preferred by the applicant on the facts and grounds as set forth in the memo of instant revision application. 3. Arguments advanced by both the sides are considered and record is also perused. 4. Learned counsel for the…

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