Law: Criminal Procedure Code (V of 1898)

Section: 249-A,561-A

Law: Offences Against Property (Enforcement of Hudood) Ordinance 1979

Section: 20

Law: Pakistan Penal Code, 1860

Section: 441,447,448,147,148,000,000

(a) Criminal Procedure Code (V of 1898)--- ----S. 561-A--- Penal Code (XLV of 1860), Ss. 447/448/147/148/ 149/506---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 20---Criminal trespass, house-trespass, rioting, rioting armed with deadly weapons, unlawful assembly, criminal intimidation, haraabah liable to tazir---Quashing of proceedings---Offence of criminal trespass---Ingredients---Allegation against the accused persons (applicants) was that they threatened the complainant (respondent) with weapons and forcibly took away wheat and wheat stalk from her land, which had been given to the accused persons on lease basis---Complaint was filed against the accused persons and charge framed against them contained Ss.447, 147, 148 & 149, P.P.C.---Accused persons filed application under S.249-A, Cr.P.C. on grounds that no charge under S.20 of the Offences Against Property (Enforcement. of Hudood) Ordinance, 1979, was framed against them, therefore it must be admitted that they had a right and lawful share in the wheat produce in question, and that there was no element of intimidation, insult or annoyance to make out an offence under S.447, P. P. C. ---Said application was dismissed by the Trial Court and revision filed there against was also dismissed by the court below---Validity---Accused persons had been given the land in question on lease basis--- Charge framed against the accused persons did not contain S.20 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979, therefore, it was clear that they were present on the land for the sake of taking away their own share of produce---To establish criminal trespass, allegation against the accused had to be that he trespassed with the intention of intimidating, insulting or annoying or with the intention to commit an offence---No element of intimidation, annoyance or insulting any person was alleged in the complaint, therefore, prima facie no case under S.447, P.P.C. was made out---Application of the accused persons was allowed, impugned orders of Trial Court and court below were set aside, application filed by the accused persons under S.249-A, Cr.P.C. was allowed and…

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