EID MUHAMMAD vs State Ss — 2022 MLD 630 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 MLD 630 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: MLD
Parties: EID MUHAMMAD vs State Ss
Subject matter: Criminal
Provisions referred to: S. 3; 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

EID MUHAMMAD VS State Ss.3 & 4---Prevention of illegal dispossession of property---Cognizance of offence---Accused not belonging to qabza mafia---Dispute of civil nature---Scope---Accused was alleged to have illegally dispossessed the complainant from his land and started cultivation thereon---Complainant had not alleged that the accused belonged to qabza Mafia or he was a land grabber---Contents of the complaint were silent to the effect that why the complainant had kept mum for a period of four years after his illegal dispossession---Mode of dispossession was also not mentioned in the complaint---Long standing possession of accused was enough to hold that the accused did not belong to the class of property grabbers or qabza group---No case under S.3 of Illegal Dispossession Act, 2005, was made out rather it appeared that the matter between the parties pertained to a dispute of civil nature---Appeal against conviction was accepted, in circumstances. Head NotesCase Description

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