Rana Muhammad Sadiq vs Rana Mubashir Ahmed Ss — 2024 MLD 1199 ISLAMABAD

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Rana Muhammad Sadiq VS Rana Mubashir Ahmed Ss. 3, 4 & 7---Criminal Procedure Code (V of 1898), S. 265-D---Illegal dispossession---Application against the summoning of petitioner to face trial was dismissed---Validity---Complainant filed a complaint under Ss 3, 4 & 7 of Illegal Dispossession Act, 2005 on 17.08.2020, against the petitioner and his son, which was admitted for regular hearing---Trial Court vide order dated 30.10.2021, issued summons against the petitioner for facing trial in the complaint---Petitioner challenged the order dated 30.10.2021 against his summoning in first revision petition filed under S.439, Cr.P.C., read with S.561-A, Cr.P.C., on 10.11.2021 before High Court and also sought quashing of complaint filed by respondent---Revision petition was dismissed as having been withdrawn on 25.01.2022---After dismissal of first revision petition, proceedings before Trial Court continued whereby Trial Court accepted the petition filed under S.7 of Illegal Dispossession Act, 2005, filed by respondent vide order dated 29.04.2023---Petitioner filed second revision petition on 02.05.2023, challenging the order dated 29.04.2023, on the same grounds as taken in the first revision petition but surprisingly the petitioner did not disclose filing of first revision petition and its dismissal having been withdrawn in the second revision petition---Vide order dated 19.06.2023, second revision petition was allowed and orders dated 30.10.2021 and 29.04.2023, passed by Trial Court, were set aside, possession of the petitioner was restored and Trial Court was directed to decide the complaint in all respects within a period of six (06) months---On 07.11.2023, the petitioner filed third revision petition, challenging the order dated 06.10.2023, passed by Trial Court, whereby he was summoned as an accused to face the trial, quashing of complaint being not maintainable was also prayed/sought in said petition, which was also dismissed as withdrawn by High Court on 20.11.2023---Though it was a third revision petition but petitioner mentioned in the certificate given at the bottom of the petition that it was second revision petition being filed before the High Court---In the third revision petition the same eight grounds which were taken in the first revision petition were mentioned---Now this is the fourth revision petition filed in this Court challenging the order dated 15.01.2024, passed by Additional Sessions Judge, whereby application under S.265-D, Cr.P.C. filed by the petitioner was dismissed---Fourth revision petition had also been filed on the basis of same eight grounds which were taken in all the previous three revision petitions---Said conduct of the petitioner clearly showed that he was deliberately delaying the matter on one pretext or the other and was avoiding to face the trial---Scope of acquittal under Ss.265-K, 249-A & 265-D, Cr.P.C, was very limited---Criminal revision petition was dismissed being meritless.

Rana Muhammad Sadiq vs Rana Mubashir Ahmed Ss — 2024 MLD 1199 ISLAMABAD

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