| Citation(s) |
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| 2026 SLG 581 2026 SLD 581 = 2026 SHC 28 |
Sindh High Court
Criminal Revision Application No.284 of 2025
Presented By: Jan Ali Junejo, J
Applicant : Parveen Khalid, Through: Mr. Haider Waheed, Advocate
Respondent No.1 : The State, Through: Mr. Siraj Ali Khan Chandio, Addl. P. G. Sindh a/w Inspector Rashid Hussain Shah of PS Boat Basin.
Respondent No.2 : Fahad Aziz Khan, Through: Mr. Irfan Bashir Bhutta advocate Date of hearing : 15.12.2025 Date of Order : 24.12.2025
Criminal Revision Application No.284 of 2025
Presented By: Jan Ali Junejo, J
Applicant : Parveen Khalid, Through: Mr. Haider Waheed, Advocate
Respondent No.1 : The State, Through: Mr. Siraj Ali Khan Chandio, Addl. P. G. Sindh a/w Inspector Rashid Hussain Shah of PS Boat Basin.
Respondent No.2 : Fahad Aziz Khan, Through: Mr. Irfan Bashir Bhutta advocate Date of hearing : 15.12.2025 Date of Order : 24.12.2025
PARVEEN KHALID WD/O MAJ. KHALID A. KHAN V/S THE STATE & OTHERS Sindh High Court, Karachi
Law: Code of Criminal Procedure, 1898
Section: 435,439-A
Law: Illegal Dispossession Act, 2005
Section: 3,7(1)
🔹 Summary This case is a Criminal Revision Application challenging the trial court’s refusal to grant interim restoration of possession under the Illegal Dispossession Act, 2005. The applicant (mother) claimed she was in lawful possession of a school property for 40 years. Her son (respondent) allegedly: Entered with armed guards Forcibly dispossessed her The trial court dismissed her request for interim relief. âš–ï¸ High Court Findings: Applicant proved long-standing lawful possession through documents Police report confirmed illegal dispossession Trial court wrongly treated case as civil dispute Under Section 7, interim relief is mandatory (“shall”) if prima facie case exists Trial court failed to exercise jurisdiction properly 👉 High Court held: Clear illegal dispossession established Trial court order was illegal and unjust 🔹 Final Decision Revision allowed Trial court order set aside Possession restored to applicant Trial court directed to decide case within 3 months 🔹 Sections / Laws Used 📘 Criminal Procedure Code (Cr.P.C.) Section 435 → Revisional powers Section 439-A → High Court revisional jurisdiction 📘 Illegal Dispossession Act, 2005 Section 3 → Offence of illegal dispossession Section 7(1) → Interim restoration of possession (mandatory relief) 🔹 2 Two-Word Description Illegal Dispossession Possession Restored O R D E R This Criminal Revision Application, filed under Sections 435 and 439-A of the Code of Criminal Procedure, 1898 (Cr.P.C.), seeks to challenge and set aside the Order dated 04.11.2025 (hereinafter referred to as the 'Impugned Order'), passed by the Learned IXth Additional District and Sessions Judge, Karachi-South (hereinafter referred to as the “Trial Court”), in Illegal Dispossession Case No. 3037 of 2025, whereby the Learned Judge dismissed the Applicant’s Application under Section 7 of the Illegal Dispossession Act, 2005, for interim relief/restoration of possession. The main complaint remains pending before the Learned Trial Court. The brief facts of the Applicant’s case is that the Applicant, Mst. Parveen Khalid, is a senior…