Law:

Section:

Criminal Procedure Code (V of 1898)------Ss. 561-A & 145---Dispute as to possession of property---High Court would not interfere under S.561-A, Cr.P.C. after remedy of revision was exhausted just because High Court on appreciation of evidence came to a different conclusion---High Court would only interfere when it was satisfied that in the appreciation of evidence by the lower Courts gross miscarriage of justice had taken place amounting to abuse of the process of the Court or interference was necessary to secure the ends of justice. Muhammad Shafique and others v. Abdul Hayee and others 1987 SCMR 1371 ref. JUDGMENT SAJJAD ALI SHAH, J.---Petitioner seeks leave to appeal against judgment dated 12-1-1992 of High Court of Sindh at Karachi, whereby Criminal Miscellaneous No.87 of 1991 filed by him under section 561-A, Cr.P.C. is dismissed. 2. Briefly stated the relevant facts in the background are that on the complaint of respondent Mst. Qaiser Jehan to the S.D.M. Malir and on subsequent report thereupon by S.H.O. Model Colony, plot in dispute was sealed under section 145, Cr.P.C. It was alleged by Mst. Qaiser Jehan that she was forcibly evicted from her plot by the petitioner on the night between 15/16 January, 1988. Mst. Qaiser Jehan filed written statement but petitioner did not, hence order was passed by the learned S.D.M. on 13-2-1988 for desealing of the plot and restoration of possession to Mst. Qaiser Jehan. Petitioner filed Civil Suit No.213 of 1988, obtained order of status quo and in consequence possession was not delivered to Mst. Qaiser Jehan. Petitioner filed Criminal Revision Application No.75 of 1988 and having failed therein to obtain relief, filed Criminal Miscellaneous Application No.72 of 1989 in the High Court of Sindh, which was allowed vide order dated 21-3-1990 and the case was remanded to S.D.M. Malir directing him to allow both parties to file written statements and produce evidence on the question of possession. Mst. Qaiser Jehan examined herself and four witnesses. Petitioner examined himself and four witnesses. In addition, two witnesses namely Rao Muhammad Iqbal, S.H.O., Model Colony P.S. and Bashir Ahmed, Statistical Assistant of…

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