2022 PCrLJ 1828 LAHORE-HIGH-COURT-LAHORE

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SANA ULLAH KHAN VS State S. 8-A---Criminal Procedure Code (V of 1898), S. 439---Appeal---High Court's powers of revision---Scope---Legislature has not provided right of appeal against all orders passed under the provisions of the Illegal Dispossession Act, 2005---For reference, here are the orders which can be passed during proceedings under the Act on a complaint, but no appeal is provided there-against: (a) dismissal of complaint under S. 203, Cr.P.C., when there is no sufficient ground; (b) taking cognizance of complaint and summoning of accused; (c) direction to the police to arrest the accused as authorized under S. 4(3) of the Act; (d) order of attachment of property under S. 6 of the Act; (e) order of eviction and mode of recovery of possession as an interim relief under S. 7 of the Act; (f) rejection of application under S. 265-K, Cr.P.C.; (g) on conclusion of trial, award of compensatory costs to the person complained against if the complaint is found false, frivolous or vexatious under S. 5(4) of the Act---Legislature has not felt the necessity to provide a right of appeal against such orders because they are regulated under the provisions of Code of Criminal Procedure and most suitable remedy is to invoke revisional jurisdiction of the High Court---Unlike appeal, the revision is not regarded as a matter of right, yet revision against an order of acquittal cannot be entertained when there is specific prohibition under S. 439(4)(a) of Cr.P.C. because the High Court cannot convert a finding of acquittal into one of conviction.