Law:

Section:

Illegal Dispossession Act (XI of 2005)--- ----Ss. 3 & 4---Criminal Procedure Code (V of 1898), Ss. 417 & 265-K---Illegal dispossession---Appeal against acquittal---Respondents/accused having been acquitted of the charge, appellant/ complainant had filed appeal against acquittal--Complainant and one of accused who were real brothers had three sisters and they all were co-owners of the Property in question by virtue of inheritance; and except the complainant, other co-owners claimed that they had sold the property---Complainant had also lodged criminal prosecution by lodging the F.I.R. for the same incident with different story and version and set of accused---Accused could not be tried or punished twice in respect of same alleged incident--Proceedings under the provisions of Illegal Dispossession Act, 2005, could not sustain before the Trial Court---Court could acquit accused at any stage under S.265-K, Cr.P.C.---If the Trial Court was of the opinion that provisions of S.265-K, Cr.P.C. were attracted, it could exercise the jurisdiction and discretion vested in it by acquitting accused at any stage of the case---Trial Court in the present case had considered the material before it and decided the fate of the case with reasons that the dispute was between brothers and sisters inter se on the property which was sub judice before the court in a suit---Rights of parties with regard to owners/tip and possession could only be determined in the said suit and pendency of proceedings before the Trial Court would have resulted in harassment and unnecessary humiliation as the same were to be faced as accused---No probability existed of respondents being convicted in the alleged offence and the Trial Court had rightly exercised the discretion at the proper time to secure the ends of justice---Appeal was dismissed. Muhammad Arif for Appellant. Anwar Ahmad for Respondents. Abdul Rahman Kolachi, A.P.G. for the State ORDER BHAJANDAS TAJWANI, J.--This criminal acquittal appeal has been filed assailing the order dated 11-11-2009, passed in Criminal Miscellaneous Application No.283/2009, of the learned II Additional Sessions Judge Karachi South, whereby he has acquitted the…