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Syed JAN ALI SHAH vs SOOMAR JAGIRANI Ss — 2023 YLRN 2 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 YLRN 2 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Parties
Syed JAN ALI SHAH vs SOOMAR JAGIRANI Ss
Subject matter
Criminal
Provisions referred to
S. 417; Criminal Procedure Code (V of 1898)

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 JAN ALI SHAH VS SOOMAR JAGIRANI Ss. 3 & 7---Criminal Procedure Code (V of 1898), S. 417(2)---Prevention of illegal possession of property, eviction and mode of recovery as an interim relief---Appreciation of evidence--- Appeal against acquittal---Illegal dispossession---Allegation against the accused persons was that they in the dark hours of night forcibly occupied an area of approximately 4300 sq yards belonging to the complainant---Evidence produced by the complainant showed that the respondents/accused were not available at the time when complainant party went to the site, where some persons were making construction and the complainant party was informed by them that they were making construction on the behest of respondents/accused---No direct evidence against the respondents for dispossessing the complainant was available, therefore Trial Court had rightly acquitted them while giving the benefit of the doubt---Trial Court had given wait to the civil suit filed by the complainant for the claim of compensation which though earlier decided against the complainant, however on appeal the said judgment was set aside and case was remanded for fresh decision in accordance with law and on remand the said suit was withdrawn by the complainant---Since the suit was withdrawn and earlier judgment of the civil court was set-aside, therefore the same could not be relied upon in favour or against any of the parties---Trial Court had further observed that the ownership of the complainant was under the sword and had not yet been clarified by any proper forum of revenue department or by the Civil Court---Complainant was at liberty to approach the revenue authorities or any other forum available to him under the law for the possession of the subject plot---Since the findings of the Trial Court in respect of title or ownership of the complainant were set aside, therefore, whenever the complainant approached the legal forum for the possession, his case was to be decided in accordance with law---Acquittal appeal was disposed of accordingly.

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