Malik MUHAMMAD EJAZ CHANNAR vs State S — 2022 PLD 427 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 PLD 427 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: PLD
Parties: Malik MUHAMMAD EJAZ CHANNAR vs State S
Subject matter: Criminal
Provisions referred to: S. 3---C; S. 248---P; S. 5; S. 202; S. 248; 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

Malik MUHAMMAD EJAZ CHANNAR VS State S. 3---Criminal Procedure Code (V of 1898), S. 248---Prevention of illegal possession of property---Withdrawal of complaint---Scope---Offence under Illegal Dispossession Act, 2005, shall be tried by Court of Session, but it does not specify the application of Chap. XX or XXII-A, Cr.P.C. for the purpose of trial as usually supplied through legislation for courts which work under special laws---Under S. 5 of Illegal Dispossession Act, 2005, mode of inquiry and investigation is entirely different as to one mentioned under S. 202, Cr.P.C., therefore, when there is contrast which principle is to be followed, either principle of specific prohibition or principle of express provision, the circumstances always lean toward specific prohibition---As there is no specific prohibition with respect to application of S. 248, Cr.P.C., to a complaint under Illegal Dispossession Act, 2005; therefore, such provision shall be available to the court trying such complaint---Section 9 of the Illegal Dispossession Act, 2005, also supports what has been discussed above.

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