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Syed ZANON MIAN vs Mst — 2022 YLR 2252 PESHAWAR-HIGH-COURT

Case information

Citation
2022 YLR 2252 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
YLR
Parties
Syed ZANON MIAN vs Mst
Subject matter
Criminal
Provisions referred to
S. 367---P; S. 3; S. 8; S. 367; 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

Syed ZANON MIAN VS Mst. MISSLUNISA Ss. 3 & 8---Criminal Procedure Code (V of 1898), S. 367---Prevention of illegal possession of property---Delivery of possession of property to owner---Language of judgment---Contents of judgment---Scope---Appellants challenged order passed by Trial Court whereby they were acquitted but were ordered to restore possession of complainant's share---Section 8 read with subsections (2) and (3) of S. 3 revealed that the Court in case of conviction of the accused could pass the order for restoration of the property but in the present case the Trial Court, after recording evidence, acquitted the accused on the one hand and on the other hand ordered for restoration of possession of the land to the complainant---Conviction was sine qua non for handing over the possession under S. 8 of the Illegal Dispossession Act, 2005---Findings of the Trial Court were not in consonance with the provisions of the Illegal Dispossession Act, 2005, as well as S. 367, Cr.P.C., requiring the Court to give specific findings for determination of a criminal controversy---Judgment of the Trial Court, being illegal, was liable to be set aside---Appeal was allowed and the case was remanded to the Trial Court to pass an appropriate judgment. Head NotesCase Description

Other judgments reported in 2022 YLR

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