| Citation(s) |
|---|
| 2025 SLG 1346 2025 SLD 1346 = 2025 LHC 3608 |
W.P.No.19347 of 2025
Justice Abher Gul Khan
Sr. No. of order of proceeding Date of order of proceeding Order with signature of Judge, and that of Parties or counsel, where necessary 19.05.2023 Mr. Nazir Ahmad Chaudhary, Advocate for petitioner. Mr. Muhammad Nasir Chohan, Addl. Advocate General with Sharafat, A.S.I. Rao Imran Wajid, Advocate for respondents No.1 to 4.
Ifraheem Hadayat.
VS
. Atif Masih, etc.
Law: Illegal Dispossession Act, 2005
Section: 3,7
Law: Constitution of Pakistan, 1973
Section: 199
Law: Code of Criminal Procedure (CrPC), 1898
Section: 265-C,265-K
Summary of Case:Premature Acquittal
This constitutional petition challenges the order dated 28.01.2025 by the Additional Sessions Judge, Renala Khurd, who acquitted respondents under Section 265-K Cr.P.C. in a complaint under the Illegal Dispossession Act, 2005, despite prior rejection of the same application and partial evidence already recorded. The High Court found this premature acquittal unlawful, especially since cognizance had been taken, and evidence (including 87 documents and 3 witnesses) was already brought on record. The acquittal was deemed a review in disguise, which is not permissible. Consequently, the High Court set aside the order and remanded the case for trial on merits.
Sections Used:
Section 3, Illegal Dispossession Act, 2005 – Illegal Possession
Section 7, Illegal Dispossession Act, 2005 – Interim Possession Order