KHAIR MUHAMMAD vs ALI SHER Ss — 2022 PCrLJ 1603 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 PCrLJ 1603 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: PCRLJ
Parties: KHAIR MUHAMMAD vs ALI SHER Ss
Subject matter: Criminal
Provisions referred to: S. 265-C---I; S. 7; S. 265-C; 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

KHAIR MUHAMMAD VS ALI SHER Ss. 5 & 7---Criminal Procedure Code (V of 1898), S. 265-C---Illegal dispossession---Interim relief---Restoring of possession---Accused was aggrieved of order passed by Trial Court under S. 7 of Illegal Dispossession Act, 2005, allowing interim relief to complaint---Validity---Trial could not start until a period of seven days after supplying relevant copies to accused in terms of S. 265-C, Cr.P.C. was expired and charge was framed---Such was considered as first step towards commencement of trial and second step was recording of evidence---Condition of "during trial" as provided in S. 7 of Illegal Dispossession Act, 2005, was to come in force---Trial Court did not attend itself to condition precedent appearing in S. 7 of Illegal Dispossession Act, 2005 before passing order in question, which order was without lawful authority and not sustainable in the eyes of law---High Court set aside order in question and remanded the matter to Trial Court for decision afresh after framing of charge and affording right of hearing to parties--- Revision was allowed accordingly.

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