Law: Illegal Dispossession Act, 2005

Section: 3,7

Law: Criminal Procedure Code (V of 1898)

Section: 265-K

(a) Illegal Dispossession Act (XI of 2005)--- ----Preamble, Ss.3 & 7---Criminal Procedure Code (V of 1898), S.265-K---Illegal possession of property---Complaint against dispossession---Maintainability--- Scope--- Illegal Dis possession Act, 2005, was a special enact-ment, which had been promulgated to discourage the land grabbers and to protect the right of owner and the lawful occu-pant, but the provisions of subsection (1) of S.3 of said Act, were in the form of preventive provisions--Under subsection (1) of S.3 of Illegal Dispossession Act, 2005, all persons had been prohibited to commit the offence detailed in that provision of law---Maintainability of the "complaint" before the Trial Court was not questionable; firstly for the reason that court had adopted all codal formalities before summoning accused persons; and secondly that prime facts and circumstances of the case fully attracted the provisions of Illegal Dispossession Act, 2005---While filing complaint under Illegal Dispossession Act, 2005 the complainant was only required to prove that he was a lawful occupier of the property when he was allegedly dispossessed---Contention that complainants were not owners of the property, had no weight at all---In the present case, primafacie sufficient material was available against the petitioners and complainants were entitled to be afforded opportunity to prove their plea through leading evidence at trial---Civil suit allegedly filed by the petitioners qua the same land, pertained to civil rights of the parties and same could not bar initiation of criminal proceedings---In absence of any illegality/legal infirmity in the impugned order inviting interference by High Court in exercise of its revisional jurisdiction, revision petition stood dismissed. Muhammad Akram and 9 others v. Muhammad Yousaf and another 2009 SCMR 1066 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 265-K---Power of the court to acquit accused, exercise of-Power of court to acquit accused under S.265-K, Cr.P.C., could be exercised at any stage, however, it could be in those cases where after hearing both sides, the court satisfied; that there was no possibility of accused being…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492