Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 265-K & 561-A---Illegal Dis-possession Act (XI of 2005), S. 7(1)---Application for quashing of proceedings---Allegation against the accused (petitioner) was that he had forcibly dispossessed tenant of the complainant (respondent) from the disputed land and illegally occupied the same on basis of a fictitious back dated lease deed---Accused filed a civil suit on the basis of the said lease deed and same was decreed ex parte in his favour, whereagainst an application under S.12(2), C.P.C, filed by complainant was pending adjudication---On the basis of said ex parte decree of civil court, accused applied for his acquittal under S. 256-K Cr.P.C but same was dismissed by court below---Validity---Case record belied the stance of the accused because complainant was put in possession of the disputed land after filing an application under S. 7(1) of Illegal Dispossession Act, 2005, and the accused was evicted therefrom---Mere existence of an ex parte decree in favour of the accused, which too, had been challenged through an application under S.12(2), C.P.C would not entitle the accused to his outright acquittal in the criminal proceedings before the Trial Court, where his alleged guilt or otherwise would be determined after recording of pro and contra evidence---Accused had failed to show as to under what circumstances, the case of the prosecution had become redundant; that there were no chances of his conviction, and that in all probabilities he would be acquitted---Proceedings before Trial Court could not be pre-empted through the present quashment petition, therefore, same was dismissed. JUDGMENT QAISER RASHID KHAN, J.---Through this petition filed under section 561-A, Cr.P.C, the petitioner, Nasimullah, seeks the quashment of order dated 28-4-2011 passed by the learned Additional Sessions Judge-IV, D.I. Khan, whereby his application under section 265-K Cr.P.C. in complaint Case No.9 of 2010 has been dismissed. 2. This case has a chequered history. Briefly stated facts of the case are that Ejaz Hussain respondent filed a complaint in the court of learned Sessions Judge, D.I.Khan since entrusted to the learned…

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