Law: Illegal Dispossession Act, 2005

Section: 3,4

Law: Criminal Procedure Code (V of 1898)

Section: 265-A

Illegal Dispossession Act (XI of 2005)-------Ss. 3 & 4---Criminal Procedure Code (V of 1898), S.265-A---Constitution of Pakistan (1973), Art. 185 (3)---Illegal dispossession---Co-sharers in land in dispute---Civil dispute---Qabza group or land mafia---Abuse of process of law---Petitioner filed complaint against respondents for allegedly forcibly dispossessing him from land in question---Trial Court in exercise of powers under S.265-K, Cr.P.C., acquitted respondents on the ground that they were co-sharers in land in question, having registered sale-deed in their favour and they were shown as owners in possession in Revenue Record---Validity---No material was available with petitioner to establish that respondents belonged to Qabza group or land mafia or they had credentials or antecedents of being property grabbers---Acquittal of respondents recorded under S.265-K, Cr.P.C. by Trial Court was justified and dismissal of petitioner's constitutional petition by High Court was also unexceptionable---Through filing of complaint under Illegal Dispossession Act, 2005, petitioner had tried to transform bona fide civil dispute between parties into criminal case so as to bring weight of criminal law and process to bear upon respondents in order to extract concession from them---Such utilization of criminal law and process by petitioner was abuse of process of law, which could not be allowed to be perpetuated---Supreme Court declined to interfere in s passed by High Court as well as by Trial Court---Leave to appeal was refused. Zahoor Ahmad and 5 others v. The State and 3 others PLD 2007 Lah. 231 rel. THIS ORDER PASSED BY: ASIF SAEED KHAN KHOSA, J.---Through this petition the petitioner has sought leave to appeal against the order dated 10-4-2006 passed by a learned Judge of the Lahore High Court, Lahore whereby Writ Petition No.3287 of 2006 filed by the petitioner was dismissed. 2. The necessary facts giving arise to the present petition are that the petitioner was allegedly dispossessed from a parcel of land on 18-10-2005 and in that regard he filed a complaint against respondents Nos. 2 to 4 under the Illegal Dispossession Act, 2005 on 15-12-2006. The said…

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