Law: Criminal Procedure Code (V of 1898)

Section: 265-K

Law: Constitution of Pakistan, 1973

Section: 199

Law: Illegal Dispossession Act, 2005

Section: 5,3

(a) Criminal Procedure Code (V of 1898)--- ----S. 265-K---Illegal Dispossession Act (XI of 2005), Ss. 5 & 3---Constitution of Pakistan, Art. 199---Constitutional petition---Application filed under S. 265-K, Cr.P.C., disposal of-Procedure---Accused filing application under S. 265-K, Cr.P.C. seeking acquittal from a complaint for illegal possession of property---Trial Court entering into investigation by calling record from Tehsildar for purposes of disposing of said application---Legality---Law did not permit the Trial Court to enter into investigation to collect evidence for the decision of the application under S. 265-K, Cr.P.C. after taking cognizance of the case, rather such application should be decided on the basis of material already produced by the complainant and available on record---Decision upon an application under S. 265-K, Cr.P.C. on the basis of material collected by Trial Court itself after taking cognizance of the matter would amount to depriving the complainant from proving his case through oral and documentary evidence---Trial Court had exceeded its lawful authority by entering into investigation---Constitutional petition was allowed and order of Trial Court was set aside. (b) Illegal Dispossession Act (XI of 2005)--- ----S. 3 & Preamble---Purpose and scope of Illegal Dispossession Act, 2005---Illegal Dispossession Act, 2005 was a special legislation to protect the lawful owners and occupiers of immovable property from their illegal or forcible dispossession therefrom by property grabbers. (c) Criminal Procedure Code (V of 1898)--- ----S. 265-K---Power of Court to acquit accused at any stage---Scope---Authority vested in court under S. 265-K, Cr.P.C was an exception to the procedure in the trial and was to be construed strictly. Hashim v. Gul Muhammad and 2 others 2009 PCr.LJ 36 rel. THIS ORDER PASSED BY: ABDUS SATTAR ASGHAR, JUSTICE:---.--- Dr.Mukhtiar Hussain, petitioner has invoked the constitutional jurisdiction of this Court under Article 199 through this petition to impugn the order dated 20-12-2011 passed by learned Additional Sessions Judge Khanpur directing the Tehsildar and Halqa Patwari to submit the report. 2. Brief facts…

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