| Citation(s) |
|---|
| 2012 SLG 2796 2012 SLD 2796 2012 PLD 390 |
Sindh High Court
Criminal Miscellaneous Applications Nos. S-4 and S-114 of 2012, decided on 18th May, 2012. DATE of hearing: 16th April, 2012.
MUHAMMAD ALL MAZHAR, J
Abdul Qadir Shaikh and Miran Baksh Shar for Applicants (in both Cr.Misc. Applications). Sardar Ali Shah Jillani for
Respondent No. 3 (in Cr.Misc. Application No. S-4 of 2012). Ghulam Shabir Dayo for
Respondent No. 3 (in Cr.Misc. Application No. S-114 of 2
Criminal Miscellaneous Applications Nos. S-4 and S-114 of 2012, decided on 18th May, 2012. DATE of hearing: 16th April, 2012.
MUHAMMAD ALL MAZHAR, J
Abdul Qadir Shaikh and Miran Baksh Shar for Applicants (in both Cr.Misc. Applications). Sardar Ali Shah Jillani for
Respondent No. 3 (in Cr.Misc. Application No. S-4 of 2012). Ghulam Shabir Dayo for
Respondent No. 3 (in Cr.Misc. Application No. S-114 of 2
GULZAR ALI and another--Applicants
VS
STATION HOUSE OFFICER, P.S. KANDIARO and others
Law:
Section:
(a) Illegal Dispossession Act (XI of 2005)--- ----S. 5---Criminal Procedure Code (V of 1898),---S.200---Complaint---Taking of cognizance---Statement of complainant, recording of Principles---Proper mechanism has been provided in Illegal Dispossession Act, 2005, which is a special law---Not mandatory for the court that before taking cognizance statement under 5.200, Cr.P.C. should be recorded. Mst. Inayatan Khatoon v. Muhammad Ramzan 2012 SCMR 229 rel. (b) Illegal Dispossession Act (XI of 2005)--- ----S. 7---Title of property, determination of---Scope---Not the function or domain of court to decide or adjudicate upon title of property in question under Illegal Dispossession Act, 2005. (c) Illegal Dispossession Act (XI of 2005)--- ---S. 7---Eviction and recovery of possession---Interim relief---Object and scope---Provisions of S.7 of Illegal Dispossession Act, 2005, have been enacted only to hand over possession to owner or occupier---Such powers can only be exercised during trial when court is satisfied that accused person prima facie found to be under unlawful possession of property in question. (d) Illegal Dispossession Act (XI of 2005)--- ----S. 7---Recovery of possession---Receiver/custodian, appointment of---Scope---Such appointment against property in question is not tenable or sustainable under law. (e) Illegal Dispossession Act (XI of 2005)--- ----Ss. 5 & 7---Criminal Procedure Code (V of ,1898), Ss. 249-A & 265-K---Illegal dispossession from property---Acquittal from charge---Scope---During pendency of complaint, accused sought their acquittal from the charge but application under 5.249-A read with S.265-K, Cr.P.C. was dismissed---Validity---While dismissing the application, Trial Court failed to consider whether charge was groundless or whether there was no probability of accused being convicted of any offence---Trial Court also failed to appreciate material available on record and decided application in a manner which was contrary to the spirit and scope of 5.249-A, Cr.P.C. and or 5.265-K, Cr. P. C. ---High Court set aside the order passed by Trial Court and remanded the matter for decision of application afresh---Application was allowed in…
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