QAISER JABBAR vs Syed MATI ULLAH SHAH Ss — 2022 YLR 1696 ISLAMABAD

Case information

Citation: 2022 YLR 1696 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: YLR
Parties: QAISER JABBAR vs Syed MATI ULLAH SHAH Ss
Subject matter: Criminal
Provisions referred to: S. 439---I; 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

QAISER JABBAR VS Syed MATI ULLAH SHAH Ss. 3, 4 & 5---Criminal Procedure Code (V of 1898), S. 439---Illegal dispossession---Criminal proceedings---Maintainability---Land grabbers---Proof---Civil litigation, pendency of---Petitioner/ complainant was aggrieved of dismissal of his criminal complaint against respondents/accused persons---Validity---Complaint under Illegal Dispossession Act, 2005, was maintainable against any person who had forcibly dispossessed the occupier or owner---Such remedy was not meant to settle civil dispute or a substitute for civil dispute---Civil litigation was pending between the parties---Provision of section 3 of Illegal Dispossession Act, 2005, was applicable only to land grabbers--- Petitioner/ complainant failed to produce any legal and cogent evidence in support of his contention, he mentioned different dates of occurrence and had also not filed document before High Court in accordance with law and civil litigation was pending between parties---High Court declined to interfere in order passed by Trial Court---Revision was dismissed, in circumstances.

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