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

MUHAMMAD KHURSHID KHAN vs DOST MUHAMMAD KHAN — 2026 PLD 211 SUPREME-COURT

Case information

Citation
2026 PLD 211 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2026
Reporter
PLD
Parties
MUHAMMAD KHURSHID KHAN vs DOST MUHAMMAD KHAN
Subject matter
Criminal
Provisions referred to
S. 431---A; Criminal Procedure Code (V of 1898); Illegal Dispossession Act; Criminal Procedure Code

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

MUHAMMAD KHURSHID KHAN VS DOST MUHAMMAD KHAN. Ss. 5, 8 & 8A---Criminal Procedure Code (V of 1898), S. 431---Appeal---Death of accused---Civil consequences---Abatement of proceedings---Principle---Accused was convicted and sentenced under Section 8 of Illegal Dispossession Act, 2005 along with direction to restore possession of property---During pendency of appeal, accused died and the appeal abated---Held: Provision of Section 431, Cr.P.C. does not contemplate nor does it regulate a situation where convict, besides suffering conviction has also been subjected to a civil-consequence order regarding restoration of possession of property---Special law overrides the general, and provisions of Illegal Dispossession Act, 2005 must be given full effect in preference to the general provisions of Criminal Procedure Code, 1898 wherever the two intersect---Appeal survives to the extent of civil-consequence direction for restoration of possession, notwithstanding demise of accused---Supreme Court remanded the matter to High Court to determine issue pertaining to restoration of possession of property in question after giving fair and adequate opportunity of hearing to legal heirs of deceased accused---Appeal was allowed.

Other judgments reported in 2026 PLD

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