TAHSEEN SHAUKAT vs ADDITIONAL DISTRICT AND SESSIONS JUDGE, ISLAMABAD Ss — 2023 YLR 502 ISLAMABAD

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TAHSEEN SHAUKAT VS ADDITIONAL DISTRICT AND SESSIONS JUDGE, ISLAMABAD Ss. 3 & 4---Prevention of illegal possession of property---Cognizance of offence---Pendency of civil litigation---Scope---Any act which entails civil liability under Civil Law as well as criminal penalty under Criminal Law such as Illegal Dispossession Act, 2005, then a person can be tried under both kinds of proceedings, which are independent of each other---No one can be allowed to take law in his own hands and unlawfully dispossess an owner or lawful occupier of an immovable property and then seek to thwart the criminal proceedings against him under the Illegal Dispossession Act, 2005, on the pretext that civil litigation on the issue is pending adjudication between the parties in a court of law---Irrespective of any civil litigation that may be pending before any Court, where an offence, as described in the Illegal Dispossession Act, 2005, has been committed, the proceedings under the said Act can be initiated as the same would be maintainable in law. Citation Name: 2023 YLR 502 ISLAMABADBookmark this Case TAHSEEN SHAUKAT VS ADDITIONAL DISTRICT AND SESSIONS JUDGE, ISLAMABAD Ss. 3 & 4---Prevention of illegal possession of property---Cognizance of offence---Pendency of civil litigation---Scope---Complaint under the Illegal Dispossession Act, 2005, is maintainable even where civil litigation is going on while a person can be tried under both kinds of proceedings (civil as well as criminal) which are independent of each other, therefore, a complaint cannot be dismissed summarily on the ground of maintainability due to existence of civil dispute between the parties. Citation Name: 2023 YLR 502 ISLAMABADBookmark this Case TAHSEEN SHAUKAT VS ADDITIONAL DISTRICT AND SESSIONS JUDGE, ISLAMABAD While forming its opinion, it is bounden duty of the Court to go through the record made available on file and then to form its opinion which was to be rationale with the facts---Opinion was to be backed by the reasons and in case of any contrary view, it is mandatory to advance reasons. Citation Name: 2023 YLR 502 ISLAMABADBookmark this Case TAHSEEN SHAUKAT VS ADDITIONAL DISTRICT AND SESSIONS JUDGE, ISLAMABAD Ss. 3 & 4---Prevention of illegal possession of property---Cognizance of offence---Pendency of civil litigation---Scope--- Complainant assailed the dismissal of his complaint by the Trial Court at initial stage---Police (S.H.O.) concerned had reported that the complainant was in possession of the land before the filing of complaint and that the respondents were in illegal possession of the same---Complainant had given the date and time of the alleged dispossession and had also given the account of incident wherein it was stated that about 20-30 persons had taken illegal possession of the subject land, constructed a room and the pictures were also tendered---No justification existed to dismiss the complaint in cursory manner by overturning the incriminating material which, prima facie, supported the alleged forceful dispossession---Constitutional petition was allowed, impugned order was set aside and the Trial Court was directed to decide the complaint in accordance with law.

TAHSEEN SHAUKAT vs ADDITIONAL DISTRICT AND SESSIONS JUDGE, ISLAMABAD Ss — 2023 YLR 502 ISLAMABAD

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