Mst. Shaheen vs State Ss — 2026 PCrLJ 755 PESHAWAR-HIGH-COURT

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Mst. Shaheen VS State Ss. 3 & 4---Illegal dispossession---Scope---Petitioner was aggrieved of Trial Court's order whereby his complaint filed under S. 3 of Illegal Dispossession Act, 2005, was dismissed---Petitioner alleged that she was owner in possession of the disputed house on the basis of a sale deed; that after the death of her mother, she along with her children resided in the said house for 4/5 months and upon leaving the same for another city, she locked the house but when she returned she found that accused had broken the locks and illegally occupied two rooms two days prior---Record showed that neither any eye-witness of the alleged act of dispossession was produced before the Court by the complainant nor any other strong circumstantial evidence was available on record to establish the allegation levelled against the accused in the complaint---For proving the offence of illegal dispossession under S.3(3) of the Illegal Dispossession Act, 2005, it was the legal duty of the complainant to bring on record independent and reliable evidence demonstrating that the accused had forcibly taken possession by dispossessing the complainant from the property---Complainant was also required to mention all material particulars regarding the alleged act of illegal dispossession in her complaint, however, the evidence of the requisite standard was obviously missing in the case---Prior to filing the instant complaint, the complainant had already filed a complaint under S.145, Cr.P.C., which was dismissed by the Assistant Commissioner on 23.11.2022 with directions to approach the Civil Court for determination of the question of title---Said order was also upheld by the Sessions Judge and thereafter, the complainant had filed the present complaint under the provisions of the Illegal Dispossession Act, 2005, which, in the given circumstances, amounted to double jeopardy irrespective of the observation of the Sessions Judge because the complainant had failed to provide any legal justification for approaching the wrong forum---Therefore, the accused were rightly acquitted of the charges by the Trial Court through impugned judgment---Appeal against acquittal was dismissed, in circumstances.

Mst. Shaheen vs State Ss — 2026 PCrLJ 755 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported

Other judgments reported in 2026 PCRLJ