SHABANA KHAN vs Major (Retd — 2022 MLD 1109 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 MLD 1109 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: MLD
Parties: SHABANA KHAN vs Major (Retd
Subject matter: Criminal
Provisions referred to: S. 265-K---; S. 265-K; 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

SHABANA KHAN VS Major (Retd.) JEHANZEB ASLAM Ss.3 & 4---Criminal Procedure Code (V of 1898), S.265-K--- Prevention of illegal possession of property---Cognizance of offence---Power of court to acquit accused at any stage---Case registered upon complaint---Scope---Applicant assailed order passed by Trial Court whereby her application under S.265-K, Cr.P.C. for pre-mature acquittal was dismissed---Validity---Bare reading of S.265-K, Cr.P.C., revealed that it was not meant for cases registered upon complaint---Once cognizance was taken in terms of Ss.3 & 4 of Illegal Dispossession Act, 2005, the complaint could not be dismissed summarily---Dispute between the parties could not be resolved under S.265-K, Cr.P.C., by acquitting the accused person---Revision application was dismissed, in circumstances.

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