Law: Illegal Dispossession Act, 2005

Section: 3

Law: Criminal Procedure Code (V of 1898)

Section: 439

(a) Illegal Dispossession Act (XI of 2005)--- ----S. 3---Trial Court earlier while dismissing the application of the accused respondents filed under S. 265-K, Cr.P.C. had specifically observed that the matter required recording of evidence, but subsequently without recording a single piece of evidence it had acquitted the accused on another application filed by the accused under S. 265-K, Cr.P.C. vide impugned order---Said action of Trial Court was absolutely illegal, arbitrary, superficial, based on misconception of law and facts and quite contrary to its earlier order---Impugned order of acquittal of accused was consequently, set aside and the case was remanded to Trial Court with the direction to proceed with the trial and finalize the same after recording evidence of both sides---Revision petition was accepted accordingly, however, if subsequently at any stage sufficient grounds attracted the provision of S. 265-K, Cr.P.C., trial Court might act strictly in accordance with law without being prejudiced by the observation made by High Court in its order. Syed Manzoor Hussain Shah v. Syed Agha Husain Naqvi and another 1983 SCMR 775 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 439---Revision---Scope---Revisional jurisdiction of High Court is very wide and it may be exercised whenever facts calling for its exercise are brought to the notice of the Court. Syed Manzoor Hussain Shah v. Syed Agha Husain Naqvi and another 1983 SCMR 775 ref. ORDER SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE:---.--- By means of instant criminal revision petition filed under sections 4351436 of the Criminal Procedure Code, Mst. Zaib-un-Nisa, petitioner has assailed the vires of order dated 25-5-2010, passed by learned Additional Sessions Judge, Lahore; whereby the learned court seized with the matter by allowing application filed by the accused/respondents Nos.1 and 2, under section 265-K, Cr.P.C., had acquitted them of the charge. 2. Succinctly, facts of the case, required for determination of petition in hand, are that petitioner filed a complaint under section 3 of the Illegal Dispossession Act, 2005 against Rehmat son of Samanda and Shehzad son of Rehmat before the learned…

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