AZIZULLAH vs NIZAMUDDIN Ss — 2021 YLR 2327 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 YLR 2327 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: YLR
Parties: AZIZULLAH vs NIZAMUDDIN Ss
Subject matter: Criminal
Provisions referred to: S. 403---C; S. 3; Criminal Procedure Code (V of 1898); Illegal Dispossession Act

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

AZIZULLAH VS NIZAMUDDIN Ss. 3 & 4---Criminal Procedure Code (V of 1898), S. 403---Constitution of Pakistan, Art. 13---Prevention of illegal dispossession of property---Cognizance of offence---Persons once convicted or acquitted not to be tried for the same offence---Protection against double punishment and self incrimination---Registration of FIR regarding same incident---Effect---Accused was convicted for having dispossessed the complainant from his land--- Complainant had admitted that he lodged FIR in respect of the same incident---Once FIR was registered then a complaint under S. 3 of Illegal Dispossession Act, 2005 was not competent---Neither the complainant nor the witnesses had seen as to who had occupied the land at midnight---Appeal against conviction was accepted, in circumstances.

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