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Mohib Ijaz vs Mujtaba-ul-Rehman Ss — 2024 MLD 1005 HIGH-COURT-AZAD-KASHMIR

Case information

Citation
2024 MLD 1005 HIGH-COURT-AZAD-KASHMIR
Year
2024
Reporter
MLD
Parties
Mohib Ijaz vs Mujtaba-ul-Rehman Ss
Subject matter
Criminal
Provisions referred to
Penal Code (XLV of 1860)

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

Mohib Ijaz VS Mujtaba-ul-Rehman Ss. 203-E & 204---azad Penal Code (XLV of 1860), Ss. 492-B & 492-C---Forcibly dispossessing any lawful owner/occupier---Complaint---Initiation of proceedings against the accused---Doctrine of dispensation of criminal justice---Petitioner /accused assailed order of initiating proceedings against him and others on a complaint filed by the respondent---Record revealed that demolishing of two steps of stairs by one of the accused persons, was oozing from preliminary inquiry report submitted by the concerned SHO---Thus, prima facie case itself was floating from surface of record constituting sufficient ground to issue process in furtherance of the complaint---Discarding complaint in presence of sufficient grounds was not warranted by law and was against the doctrine of dispensation of criminal justice---application qua registration of FIR moved by the petitioner already stood rejected by the Justice of Peace and though said order was impugned before the High Court, however, dislodging the complaint amounted to non-suiting and making the complainant armless, that too when domestic probe ex-facie strengthened the stance of the complainant / respondent---Criminal revision filed by the accused was dismissed, in circumstances.

Other judgments reported in 2024 MLD

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