Law: Criminal Procedure Code (V of 1898)

Section: 561-A,417(2)

Law: Illegal Dispossession Act, 2005

Section: 3,9

Criminal Procedure Code (V of 1898)--- ----Ss. 561-A & 417(2)---Illegal Dispossession Act (XI of 2005), Ss.3 & 9---Quashing of and order---Competence---Scope of S.561-A, Cr.P.C.---Trial Court dismissed complaint under S.3 of Illegal Dispossession Act, 2005 and acquitted the accused persons from charge levelled against them---Criminal Procedure Code, 1898 was applicable to proceedings under Illegal Dispossession Act, 2005---Under Criminal Procedure Code, 1898, against order of acquittal and dismissal of private complaint, remedy lay by way of appeal under S.417(2), Cr.P.C.---Right of appeal having been conferred against order of acquittal to an aggrieved person, revision of order under S.561-A, Cr.P.C. against order of acquittal was not competent because provision of appeal against acquittal could not be circumvented under inherent jurisdiction of the High Court under S.561-A, Cr.P.C.---High Court in its inherent jurisdiction could interfere only when no other adequate legal remedy for redressal of grievance was available to the aggrieved party---Contention that if the revision of order under S.561-A, Cr.P.C. was not competent it could be treated as an appeal, was repelled because for filing appeal in case of private complaint, separate procedure was provided i.e.. the aggrieved person would submit an application for the grant of special leave to appeal and no such application would be entertainable after the expiry of sixty days from date of impugned order; and that a person aggrieved by the order of acquittal could, within thirty days, file an appeal against such order---Petition neither was well in time nor it could be straightaway converted into appeal---Petition under S.561-A, Cr.P.C. was dismissed in circumstances. PLD 1976 SC 461 ref. ORDER GHULAM MOHY-UD-DIN MALIK, J.---This petition is filed by the petitioner under section 561-A, Cr.P.C. against the order dated 5-11-2007 passed by learned Additional Sessions Judge, Lakki Marwat, whereby, the court dismissed the complaint of the petitioner filed under section 3 of Illegal Dispossession Act, 2005 and thereby acquitted the accused/respondent from the charge levelled against them. 2. On the previous…

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