Law: Pakistan Penal Code (PPC),1860

Section: 506 (ii), 452, 148, 149, 511,337-H(ii)

ORDER SHEET ARBAB MUHAMMAD TAHIR J. Through the instant appeal in terms of Section 417(2-A) of the Code of Criminal Procedure 1898, ‘appellant’ namely Aurangzeb (complainant in main case) impugns Judgment dated 01.09.2021, passed by the learned Judicial Magistrate Section-30 Islamabad (West) whereby Shaheen Bibi (‘respondent’) was acquitted in case FIR No. 68, dated 03.04.2010, under Section 506 (ii), 452, 148, 149, 511,337-H(ii) and 447 PPC, registered at Police Station, Bhara Kahu, Islamabad.    Tersely, the subject FIR (Ex. PF) stood registered on the complaint (Ex .PA) of the appellant. It was alleged therein that on 03.04.2010 at about 4:00 pm, he alongwith Col. Asghar Malik (Director Operations) and Muhammad Akif Manager had been present in Banigala Office near Phoenix House in connection with a meeting when their servant namely Muhammad Younas emerged and informed that Mst. Nafeesa Mehmoodul-Hassan, Asad, Amir and Mst. Shaheen Bibi  (respondent-since acquitted) along with thirty persons, with whom civil  litigation is pending in Islamabad, came along with Girdawar, Patwari and the SHO namely Qaiser; that he i.e. complainant inquired from Waseem Patwari and Naseer Ahmed Girdawar about the purpose of their arrival  upon which they replied that they had to conduct demarcation of the land, however, they had no lawful order in their possession; that the complaint served them with Court order; that earlier about 10 days ago,  Mst. Nafeesa Mehmood ul Hassan visited the site along with her counsel, Patwari and about 20 persons and at that time too they were provided copy of Court order; that on receipt of the Court order, the police, Girdawar and Patwari went away while Mst. Nafeesa Mehmood-ulHassan along with her sister Mst. Shaheen Bibi (respondent) Amir, Asad and about 30 persons having hoes,   pickaxes and  sticks remained at the spot and had been extending threats to take possession of the land forcibly; that at about 5:50 pm Asad took out Kalashnikov from white colour corolla bearing Resignation No.  LB-681 while Amir and unknown person pulled out pistols; that Asad immediately entered…