MUHAMMAD AZEEM vs State S — 2023 MLD 823 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD AZEEM VS State S. 3---Criminal Procedure Code (V of 1898), S. 145---Illegal dispossession--- Appreciation of evidence---Civil litigation, pendency of---Accused persons were alleged to have illegally dispossessed complainant from property in question---Trial Court convicted accused persons and sentenced them to imprisonment for four years---Validity---To attract provisions of S. 3 Illegal Dispossession Act, 2005, Trial Court was required to examine as to whether property was immovable property; secondly that the person was owner of property or it was in his lawful possession; thirdly accused had entered into or upon the property unlawfully; and fourthly, that such entry was with the intention to dispossess i.e. ouster, evict or deriving out of possession against will of the person in actual possession, or to grab i.e. capture, seize suddenly, take greedily or unfairly, or to control i.e. to exercise power or influence over, regulate or govern or relates to authority over what was not in one's physical possession or to occupy i.e. holding possession, reside in or something---To examine question of title in respect of the property, Trial Court was to simply form an opinion as to whether prima facie any party was coming within the ambit of definition mentioned in section 3 of Illegal Dispossession Act, 2005---If Trial Court had formed such opinion from material placed before it, then the Court could proceed with the matter or otherwise, as the case could be---Similar procedure was adopted by Magistrate while exercising powers conferred upon him under S. 145, Cr.P.C., which was normally required to be adopted in such proceedings---Application was filed by the complainant party under S. 145, Cr.P.C., same was dismissed by Deputy District Officer (Revenue) and it was admitted by complainant in his cross-examination---Question of title of property was already pending before competent Court of Civil jurisdiction before filing of complaint---High Court set aside conviction and sentence awarded to accused persons by Trial Court and they were acquitted of the charge---Appeal was allowed, in circumstances.

MUHAMMAD AZEEM vs State S — 2023 MLD 823 KARACHI-HIGH-COURT-SINDH

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