PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

AURANGZAIB ALAMGIR vs MUHAMMAD SAJID Ss — 2025 PLD 53 SUPREME-COURT

Case information

Citation
2025 PLD 53 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2025
Reporter
PLD
Parties
AURANGZAIB ALAMGIR vs MUHAMMAD SAJID Ss
Subject matter
Criminal
Provisions referred to
Criminal Procedure Code (V of 1898); Illegal Dispossession Act

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

AURANGZAIB ALAMGIR VS MUHAMMAD SAJID Ss. 3 & 5---Criminal Procedure Code (V of 1898), Ss. 561-A & 265-K---Prevention of illegal possession of property---Complaint filed under section 3 of the Illegal Dispossession Act, 2005---Application/ petition for quashing proceedings under the Illegal Dispossession Act, 2005 dismissed by the High Court on the ground that Trial Court had already taken cognizance of the matter---Legality---Impugned order of High Court showed that the main reason for dismissing the quashment petition was that the Trial Court has already taken cognizance, and no other reason had been assigned---It was not the case that the petition was rejected due to the non-availing of an alternate remedy by the petitioner as provided under Section 265-K, Cr.P.C, but the only reason was that the Trial Court had taken cognizance which was neither a lawful justification nor was it persuasive enough to dismiss the quashment petition summarily without considering the grounds raised for the culmination of proceedings in the petition moved under Section 561-A, Cr.P.C., as to whether any prima facie case was made out which actually warranted the prevention of the abuse of process, or otherwise, to secure the ends of justice---Petition was converted into an appeal and allowed; the impugned order of the High Court was set aside and the matter was remanded back to the High Court with the direction to decide the quashment application afresh after issuing notice to the parties.

Other judgments reported in 2025 PLD

Back to the case-law library · Search Pakistani case law in Urdu or English