IFFAT BIBI vs ZAHEER AHMAD GILLANI Ss — 2023 MLD 1808 HIGH-COURT-AZAD-KASHMIR

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IFFAT BIBI VS ZAHEER AHMAD GILLANI Ss. 492-B &492-C---Prohibition of grabbing of property---Civil litigation---Complaint filed against the grabbing of land was dismissed by the Trial Court---Observation made by the Court below was that dispute between parties was of civil nature and parties were already under litigation before competent forum and complainant might have some right enforceable through civil Court but she had no right to put the criminal law in motion---Validity---Where an Act entailed civil liability under civil law as well as criminal penalty under criminal law, a person could be tried under both kinds of proceedings which were independent to each other---Thus, the ground of civil litigation between the parties, narrated by Court below in the impugned order, could not be made basis for dismissal of complaint, hence, the impugned order to that extent was not maintainable---Appeal was allowed by setting aside impugned order and matter was remanded for decision afresh after adopting proper procedure for making an inquiry upon the complaint, in circumstances. Citation Name: 2023 MLD 1808 HIGH-COURT-AZAD-KASHMIRBookmark this Case IFFAT BIBI VS ZAHEER AHMAD GILLANI Ss. 492-B & 492-C---Criminal Procedure Code (V of 1898), S. 203-F---Prohibition of grabbing of property---Complaint filed against the grabbing of land was dismissed by the Trial Court---Validity---In the case in hand, the claim of complainant, who was real sister of respondents, was that her father gifted 01 kanal land to her through gift deed and possession was handed over to her---However, father of complainant had been looking after the said piece of land because due to marriage she was settled in other village and her brother/respondent was signatory of the said gift deed because complainant being 'Pardanasheen' did not appear in the process of writing and registration of the said gift deed rather his brother/ respondent appeared on her behalf---After death of father of complainant, respondent dispossessed the complainant by starting construction upon the said piece of land due to which parties were litigating before civil Court and proceedings of mutation of the said land was under process---From the said claim of complainant, it was an admitted fact that mutation proceeding of the said land was under process, however, an important aspect of the matter in hand was that respondent was stated to be signatory of the said registered gift deed, but such vital factum was not considered by the Court below while dismissing the complaint---Rather before dismissal of complaint on merit by the Trial Court, the matter was to be investigated or inquired by adopting proper procedure provided under S. 203-F, Cr.P.C, which postulated that Magistrate or a Revenue Officer should have been appointed to make inquiry and it had clearly been mentioned in the said provision of law that "the report of Magistrate or Revenue Officer, as the case may be, shall be construed as evidence in the case", but in the case in hand, the said report had not been obtained---Neither proper procedure for conducting inquiry in the instant case/complaint had been adopted nor the impugned order had been recorded according to the procedure provided under the provisions of S. 203-F, Cr.P.C.---Impugned order was set-aside and matter was remanded for decision afresh after adopting proper procedure for making an inquiry upon the complaint.

IFFAT BIBI vs ZAHEER AHMAD GILLANI Ss — 2023 MLD 1808 HIGH-COURT-AZAD-KASHMIR

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