Haji Ghulam Muhammad vs Additional Sessions Judge Liaquatpur, District Rahim Yar Khan S — 2025 YLR 512 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 YLR 512 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: YLR
Parties: Haji Ghulam Muhammad vs Additional Sessions Judge Liaquatpur, District Rahim Yar Khan S
Subject matter: Criminal
Provisions referred to: S. 7---C; S. 265-K---I; S. 265-K; S. 7; Criminal Procedure Code (V of 1898); Criminal Procedure Code; 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

Haji Ghulam Muhammad VS Additional Sessions Judge Liaquatpur, District Rahim Yar Khan S. 7---Criminal Procedure Code (V of 1898), S.265-K---Illegal dispossession---Delivery of possession of property to owner---Application under S. 265-K of the Criminal Procedure Code, 1898, filed by the accused was dismissed by the trial Court---Validity---Admittedly, the trial of the case would have commenced after the charge had been framed---In the present case, charge was framed on 13.05.2024 whereas order for accepting the petition filed by complainant under S.7 of Illegal Dispossession Act, 2005, was allowed while application filed by accused under S.265-K Cr.P.C, was dismissed on 19.03.2024, prior to the commencement of the trial of the case instituted upon the private complaint---Trial Court passed the impugned order dated 19.03.2024 issuing a direction under S.7 of the Illegal Dispossession Act, 2005, to the S.H.O. concerned before the commencement of the trial, therefore, the same was not tenable---Trial had not commenced, therefore, no order could have been passed by the trial Court under S.7 of the Illegal Dispossession Act, 2005---In view of the matter, petition was allowed to the extent that the order dated 19.03.2024 passed by the Trial Court, whereby a direction was issued to the S.H.O. concerned to proceed under S.7 of the Illegal Dispossession Act, 2005, was set-aside, however, as charge had now been framed, therefore, the Trial Court shall be at liberty to pass a fresh order on the application filed by complainant under S.7 of the Illegal Dispossession Act, 2005, which application shall be deemed pending for the purpose of making any subsequent order---Petitioners shall be at liberty to file another application under S.265-K, Cr.P.C., before the Trial Court seeking their acquittal, which application shall be decided on the basis of the evidentiary material available on the record.

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