Citation Name: 2025 PLD 368 KARACHI-HIGH-COURT-SINDHBookmark this Case ASSAD NAEEM vs State Ss

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Citation Name: 2025 PLD 368 KARACHI-HIGH-COURT-SINDHBookmark this Case ASSAD NAEEM VS State Ss. 3 & 7---Illegal dispossession---Interim possession of the property---Scope---Trial Court allowed application for handing over the interim possession under S. 7 of the Illegal Dispossession Act, 2005 to the complainant---Validity---From perusal of S. 7 of the Illegal Dispossession Act, 2005, it appeared that the Court dealing with the application under S. 7 of Illegal Dispossession Act, 2005, was authorized and had ample power to grant 'interim relief' under the said provision of law during the pendency of main application in favour of owner/occupier if during trial the Court was satisfied that the accused was prima facie not in 'lawful possession'---While dealing the matter, the conduct of the applicant/accused was also to be taken into consideration---Complaint under the Illegal Dispossession Act, 2005, was filed by complainant/respondent in the year 2018---Vide order dated 14.07.2018, inquiry report was called and after hearing the parties and in view of the inquiry report, Trial Court took cognizance and issued bailable warrants against the proposed accused to appear before the Court and furnish solvent surety of Rs.1 lac.---Letter was also sent by the Court on 28.08.2018 to J.A.G. branch of Pakistan Air Force Headquarter, in respect of the subject case, but the same was not responded to by the J.A.G. branch P.A.F. Headquarter---However, despite that applicant/accused never put his appearance before the Court, nor was represented by any counsel---Instead of appearing before the Trial Court and proceeding with the trial, the applicant/accused moved an application under S. 265-K, Cr.P.C., for his premature acquittal through his advocate which was dismissed and the said order was assailed before the High Court by means of filing a Cr. Misc. Application, which was also dismissed---In the said judgment too the High Court highlighted the conduct of the applicant/accused---Trial Court had also highlighted the unwarranted conduct of the applicant/accused in pursuing the case---In fact, the complaint under S. 3 of Illegal Dispossession Act, 2005, was filed in the year 2018 and about 06 years had passed, however, the matter could not be disposed of on account of unwarranted conduct and attitude of the proposed accused---Record showed that after taking cognizance, Trial Court repeatedly issued summons to the accused but he deliberately failed to appear---When the proceedings under Ss. 87 & 88, Cr.P.C., were initiated against the accused then he appeared and surrendered before the Trial Court---Charge was framed on 30.11.2022 and the evidence of complainant and one witness had been recorded---From perusal of the record it also appeared that all the registered documents relating to the subject property had been verified in favour of the complainant---Verification reports depicted that all such documents produced by the complainant were genuine and had been issued from the concerned office/department---Provisions of S. 7 of Illegal Dispossession Act, 2005, could be pressed, if during the Trial Court was satisfied that the accused/respondents were in unlawful possession---Petition filed by accused was dismissed, in circumstances.

Citation Name: 2025 PLD 368 KARACHI-HIGH-COURT-SINDHBookmark this Case ASSAD NAEEM vs State Ss — 2025 PLD 368 KARACHI-HIGH-COURT-SINDH

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