Mst. FARAH DEEBA vs SAID MUHAMMAD alias TOTI Ss — 2021 MLD 580 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 MLD 580 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: MLD
Parties: Mst. FARAH DEEBA vs SAID MUHAMMAD alias TOTI Ss
Subject matter: Criminal
Provisions referred to: S. 4; S. 8; Criminal Procedure Code (V of 1898); Criminal Procedure Code

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mst. FARAH DEEBA VS SAID MUHAMMAD alias TOTI Ss.3 & 8a---Criminal Procedure Code (V of 1898), S.4(h)---Prevention of illegal dispossession of property, etc---appeal---appeal against acquittal---appeal against dismissal of complaint---Maintainability---Scope---Section 3(1) of Illegal Dispossession act, 2005, makes illegal occupation of the property as an offence and subsections (2) & (3) thereof provide the punishment for illegal occupation of the property---Trial Court has discretion either to acquit or convict the accused or even dismiss the complaint, if found not maintainable, keeping in view the law and evidence on record---Order of acquittal of the accused, dismissal of the complaint or conviction of the accused fall within the mischief of word "order" and are thus appealable in terms of S.8a of the Illegal Dispossession act, 2005---Dismissal of complaint shall have the same consequence because the complaint, as provided in the Illegal Dispossession act, 2005, is not synonymous with the complaint as provided in S.4(h) of the Criminal Procedure Code, 1898---appeal against the order of acquittal passed by Trial Court under the Illegal Dispossession act, 2005 was declared to be maintainable.

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