Javaid vs Sher Zaman S — 2025 YLR 2433 PESHAWAR-HIGH-COURT

Case information

Citation: 2025 YLR 2433 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2025
Reporter: YLR
Parties: Javaid vs Sher Zaman S
Subject matter: Criminal
Provisions referred to: S. 3---C; S. 3; 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

Javaid VS Sher Zaman S. 3---Criminal Procedure Code (V of 1898), Ss.417(2-A) & 540-A---Illegal dispossession---Appeal against acquittal---Appreciation of evidence---Complainant was aggrieved of Trial Court's order whereby his complaint filed under S. 3 of Illegal Dispossession Act, 2005, was dismissed and accused were acquitted---Accused was acquitted in absentia---Validity---Section 540-A, Cr.P.C., mandated and allowed a Court to dispense with personal attendance of an accused if he was represented by a pleader and there were multiple accused, or if the accused was incapable of appearing before Court---In view of said provisions of law, Trial Court was justified to make an order in respect of acquittal of said accused/respondent in absentia, when otherwise, on the available record, no prima facie case was made-out against him, even if he would have been forced to face a full-fledged trial before Trial Court---More particularly, when on the same set of evidence, other nominated accused/respondents had earned a honourable acquittal during trial proceedings---Appeal being bereft of any merits was dismissed, in limine.

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