| Citation(s) |
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| 2026 SLG 654 2026 SLD 654 = 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: 7,3
Summary The High Court allowed the criminal revision application and set aside the trial court’s order, which had refused interim restoration of possession to the applicant. The applicant (mother) proved long-standing lawful possession (≈40 years) of a school property. The respondent (her son) allegedly forcibly dispossessed her with armed guards. A police inquiry also confirmed illegal dispossession. The Court held that: The case clearly falls under the Illegal Dispossession Act, 2005 The trial court wrongly treated it as a civil dispute, ignoring the criminal element Under Section 7, interim restoration is mandatory once prima facie unlawful possession is shown Revisional jurisdiction can be used where there is miscarriage of justice As a result, the Court ordered immediate restoration of possession to the applicant, subject to final decision of the case. Sections Used Sections 435 & 439-A, Cr.P.C. (Revisional jurisdiction) Section 7, Illegal Dispossession Act, 2005 (Interim restoration of possession) Section 3, Illegal Dispossession Act, 2005 (Offence of illegal dispossession) Two 2-Word Descriptions Illegal Dispossession Property Dispute 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 citizen, an educationist, and the founding President of the 'Parveen Education Society', which owns and operates Clifton High School (the Subject Property) at Plot No. ST-11/B, Block 2, Clifton, Karachi. The…