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| 2026 SLG 139 2026 SLD 139 = 2025 SHC 2033 |
Criminal Revision Application No.150 of 2023
Present: Mr. Justice Syed Fiaz ul Hassan Shah
Applicant : Ali Ahmed son of GhulamRasool through Mr. Khwaja Saiful Islam, Advocate
Respondents 1&2 : Aqeel Ahmed s/o Ghulam Rasool & Shabana w/o AqeelAhmed through Mr. Zulfiqar Ali Abbasi, Advocate For State: through Ms. Seema Zaidi,Addl. PG Sindh Date of hearing : 09.7.2025 Date of order : 09.7.2025
ALI AHMED S/O GHULAM RASOOL V/S AQEEL AHMED & ANOHTER Sindh High Court, Karachi
Law: Illegal Dispossession Act, 2005
Section: 3, 9
Law: Code of Criminal Procedure, 1898
Section: 200, 202, 203, 248, 403
Law: Constitution of Pakistan, 1973
Section: 13
Summary:
The applicant challenged the dismissal of his complaint under the Illegal Dispossession Act, 2005. The Court held that withdrawal or dismissal of an earlier complaint before cognizance does not bar filing a fresh complaint on the same facts. Since no acquittal was recorded and no cognizance was taken earlier, the second complaint was legally maintainable. The Court found that the trial court wrongly dismissed the complaint without examining the applicability of the Illegal Dispossession Act. Consequently, the impugned order was set aside and the trial court was directed to register the complaint and decide, first, whether the Act applies, and thereafter decide the case on merits in accordance with law.
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