Law: Illegal Dispossession Act, 2005

Section: 3,4

Law: Illegal Dispossession Act, 2005

Section: 3,4

Law: Constitution of Pakistan, 1973

Section: 199

Illegal Dispossession Act (XI of 2005)-------Ss. 3 & 4---Constitution of Pakistan, Art.199---Constitutional petition---Cognizance of offence by Trial Court---Scope---Matter was sent to the police as the complaint disclosed the commission of a criminal act---Trial Court was required to have taken cognizance of the matter when the inquiry report and the statements of witnesses recorded by the SHO of the concerned Police Station were in favour of the complainant---Complaint could not be dismissed at the threshold, as the Court, after conclusion of the trial, had to record either acquittal or conviction of the accused---Constitutional petition was accepted and matter was remanded for proceeding in accordance with law. Saadatullah Khan for Petitioner. Aftab Rahim for Respondents. Alamgir Khan Durrani, D.A.-G. for the State. Date of hearing: 6th March, 2013. JUDGMENT MIAN FASIH-UL-MULK, J.--- Petitioner, Mst. Taraja Begum has assailed the order dated 17-3-2010 passed by the learned Additional District Judge, Tangi, whereby her complaint against respondents Nos.1 to 4 under sections 3/4 Illegal Dispossession Act, 2005 was rejected. She has prayed that the same be declared to have been passed without lawful authority and of no legal effect. 2. Brief facts of the case are that petitioner instituted a complaint under sections 3/4 of Illegal Dispossession Act, 2005 before the learned Additional Sessions Judge, Tangi against respondents Nos.1 to 4, wherein it was stated that she being put in possession of the disputed property in execution proceedings by the Revenue Authorities was illegally dispossessed by the respondents on 19-12-2009 at 9-00 a.m. The complaint was sent to the local police for inquiry. The inquiry conducted by the SHO of the concerned Police Station affirmed the allegation of complainant. However, the trial Judge while placing reliance on the report of Girdawar Circle dismissed the complaint without any further proceedings. 3. We have heard the learned counsel for the parties and have gone through the record appended with the petition. 4. Section 3 of the Illegal Dispossession Act, 2005 is reproduced below for ease of reference:--- "(3) Prevention of…

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