Case Details

Citation(s)
2007 SLG 3090 2007 SLD 3090 2007 PLJ 799
Lahore High Court
W.P. No. 9595 of 2006, heard on 17.4.2007.
TARIQ SHAMIM, J.
Mr. Ghulam Nabi Bhatti, Advocate for Petitioner. Mr. M. Abdullah Ch., Advocate and Mr. Shehbaz Ahmed Dhillon, Asstt. A.G. for
Respondent.

NAZIR AHMAD KHAN

VS

TANVEER AHMAD and 3 others--Respondents

Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 22-A & 22-B--Constitution of Pakistan, 1973, Art. 199--Illegal Dispossession Act, 2005, Ss. 3 & 4--Constitutional petition--Dispossessed from land--Illegality--Direction to register case as per law--SHO declined to register a case against accused--Complaint u/Ss. 3 & 4 of Illegal Dispossession Act, 2005 was also dimissed--Assailed--Civil litigation was pending between parties--Complaint does not absolve the petitioner of such duty to mention in private complaint--Petition was dismissed. [P. 801] A Illegal Dispossession Act, 2005-- ----S. 3--Constitution of Pakistan, 1973--Art. 199--Property grabber--Alternative remedy--Availability--Demonstrates--Calculated effort--Illegal Dispossession Act, 2005 was not designed to apply to ordinary cases relating to dispossession from immovable property where the aggrieved person has remedy available to him before civil or revenue Court--Petition was dismissed. [P. 802] B Judgment Through this petition, the petitioner has challenged the order dated 15.7.2006 passed by the learned Additional Sessions Judge, Ferozewala, whereby the private complaint filed by the petitioner under Sections 3/4 of the Illegal Dispossession Act, 2005 was dismissed. 2. The brief facts of the case are that the petitioner, who claims to be the owner of 14 Kanals 16 Marlas of land sold to him by Asghar Ali vide Mutation No. 1412 dated 21.12.2004 apprehending that Respondents No. 1 and 2 would disturb his possession over the property, filed a suit for permanent injunction. The learned Civil Judge vide order dated 13.6.2006 granted status quo order to the extent of possession of the petitioner. According to the petitioner, on 14.6.2006, Respondents No. 1 and 2 alongwith some other persons interfered in his lawful possession and dispossessed him from his land. The petitioner filed an application under Sections 22-A and 22-B Cr.P.C. seeking registration of a criminal case against the accused which was disposed of on 20.6.2006 by the learned Additional Sessions Judge, Ferozewala, with a direction to the SHO to look into the complaint of the petitioner and to proceed strictly in accordance with…
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