Law: Illegal Dispossession Act, 2005

Section: 3,4

Law: Constitution of Pakistan, 1973

Section: 199

Law: Criminal Procedure Code (V of 1898)

Section: 190,193,265-K,417,4(h)

(a) Illegal Dispossession Act (XI of 2005)--- ----Ss. 3 & 4---Criminal Procedure Code (V of 1898), Ss. 190 & 193---Complaint under S.3 of Illegal Dispossession Act, 2005---Cognizance by Court of Session---Scope---Section 4 of Illegal Dispossession Act, 2005, provided that cognizance was to be taken directly by the Sessions Court on a complaint, therefore, there was no need to comply with the procedure laid down in S.190, Cr.P.C., by making complaint before Magistrate directly, who after entertaining the same was required to transmit same to the Court of Session, if offence was cognizable by such court---When 5.193, Cr.P.C. itself provided direct cognizance for a complaint, it could not create hurdle in the way of Sessions Court for taking cognizance. (b) Illegal Dispossession Act (XI of 2005)--- ----S. 3---Criminal Procedure Code (V of 1898), S. 265-K---Constitution of Pakistan, Art. 199---Constitutional petition---Power of Court of Session under 5.265-K, Cr.P.C.---Scope--Complaint filed by complainant (petitioner) under S.3 of Illegal Dispossession Act, 2005---Accused filed application under S.265-K, Cr.P.C., seeking his acquittal---Court of Session dismissed complaint under Illegal Dispossession Act, 2005, while exercising powers under S.265-K, Cr.P.C.---Legality---Order of Court of Session by which it dismissed the complaint was illegal as the court did not have the power to do the same under S.265-K, Cr.P.C.---Order of Trial Court was set aside and case was remanded to Trial Court for decision afresh in accordance with the law---Constitutional petition was allowed, accordingly. PLD 2008 Lah. 358; PLD 2008 Lah. 59 and 2010 PCr.LJ 422 ref. JUDGMENT NOOR-UL-HAQ N. QURESHI, J.---Through the instant writ petition, order dated 9-2-2010, passed by Mr. Shahid Islam Ghilzai, Additional Sessions Judge, Islamabad has been impugned seeking the same to be declared'as illegal, perverse and ultra vires. 2. Brief facts, necessitated filing of the instant writ petition are that the petitioner filed a complaint under section 3 of the Illegal Dispossession Act, 2005 against respondent No.2. The said petition was entertained and entrusted to learned Additional Sessions…

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