HABIB ULLAH vs CHAMAN Ss — 2022 PCrLJ 1730 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 PCrLJ 1730 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: PCRLJ
Parties: HABIB ULLAH vs CHAMAN Ss
Subject matter: Civil
Provisions referred to: S. 8; S. 3

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

HABIB ULLAH VS CHAMAN Ss. 3, 8 & 8-a---Illegal dispossession---Restoration of possession---Civil litigation, pendency of---Petitioners/accused persons were aggrieved of order passed by Trial Court restoring possession to respondents/complainants---Validity---Merely on the basis of civil litigation, legal proceedings in criminal matter neither could be terminated nor transfer of possession in terms of S. 8 of Illegal Dispossession act, 2005 could be declared illegal---In order to constitute an offence under provisions of S. 3 of Illegal Dispossession act, 2005 complainant was to disclose existence of unlawful act (actus reus) and criminal intent (mens rea)---act of petitioners/accused persons by dispossessing respondents/complainants who were occupant of property with a categorical stance that on a particular date they were illegally dispossessed by petitioners/accused persons was proved not only through oral but also through documentary evidence---Such order was maintained up to Supreme Court---Once Trial Court found commission of offence, i.e. dispossession of respondents/complainants Trial Court rightly ordered that position be restored/handed over to respondents/complainants---Petitioners/accused persons wanted to stay execution proceedings---High Court declined to quash order of restoration of possession passed by Trial Court---Constitutional petition was dismissed, in circumstances. Head NotesCase Description

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