Law: Criminal Procedure Code (V of 1898)

Section: 265-K

ORDER SHEET    The instant revision petition is arising out of order dated 04.07.2022, passed by the Additional Session JudgeIX, Islamabad, whereby application under 265-K Cr.P.C filed by the petitioner was dismissed.    2- Relevant facts are that the respondent filed complaint under Section 3 & 4 of the illegal dispossession Act, 2005 against the petitioner with the allegation of taking over illegal possession of his land measuring 01-Kanal, 17-Marla. Khasra No. 1687, situated in revenue state of Sheikh Pur, Tehsil and District, Islamabad (the property).   The learned trial Court then procure report from the concerned SHO and before admitting the complaint for regular hearing, opted to summon the petitioner at the first instance, who was then afforded opportunity to produce documents of ownership with respect to the property but the same could not be produced consequently, the complaint was admitted for regular hearing. At this stage, petitioner filed application under section 265-k Cr.P.C for his acquittal but it was dismissed by the learned trial Court vide impugned order dated 04.07.2022, hence instant revision petition. Learned counsel argued that the petitioner and his son also retain property in the disputed Khasra number; that earlier the respondent attempted to lodge an FIR on the same set of allegations but remained unsuccessful and his petition under section 22-A & B Cr.P.C and writ petition were also dismissed with observation that the matter is one of civil dispute; that the title documents are with the petitioner and that further proceedings would be abuse of process of law.    Heard, record perused.   The documents annexed with the petition reveal that before admitting the complaint for regular hearing, the petitioner was afforded opportunity to come up with proof of ownership in Khasra No. 1687 and on his failure, the learned trial Court after evaluating the police report and documents, proceeded to admit the complaint.    It is significant to note that by that time the petitioner has failed to produce the documents so requisitioned by the learned trial Court. This aspect was also…