2009 PCrLJ 1359 KARACHI-HIGH-COURT-SINDH

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EDWARD HENRY LOUIS VS Dr. MUTAMMAD SAFDAR Criminal Procedure Code (Cr.P.C) 1898--435 , Illegal Dispossession Act 2005--3 , Illegal Dispossession Act 2005--4 , Illegal Dispossession Act 2005--7 , Illegal Dispossession Act 2005--PREAMBLE , Preamble, Ss.3, 4 & 7---Criminal Procedure Code (V of 1898), S.435---Illegal dispossession---Delivery of possession to owner of property---Interim relief-Purpose of Illegal Dispossession Act, 2005---Despite glaring contradiction in the complaint, the Trial Court hurriedly, upon calling report from the concerned S.H.O., directed the eviction of accused without applying its mind or seeking a clarification that if the complainant was in possession of the property till 18-1-2003, then how could he be dispossessed on 13-1-2003---Submission of counsel for the complainant that the dates had been erroneously mentioned in the complaint, appeared to be incorrect---Main purpose of Illegal Dispossession Act, 2005 was to curb the activities of land grabbers and to protect the rights of owners and lawful occupants; however, its application to the person, having no connection with the property grabbers "must be with great caution---Legislature in its wisdom had, instead of empowering to grant interim relief at any stage of the case, had restricted it to a stage when the court, after going through the material available before it, would come to the conclusion that sufficient ground existed for proceedings with the trial of accused---Power of granting interim relief under S.7(1) of Illegal Dispossession Act, 2005, could only be exercised after framing the charge and' not before it.