| Case ID |
20776a68-0071-471b-8439-d35ff97efd81 |
| Body |
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| Case Number |
Criminal Revision No. 1076 of 1947 |
| Decision Date |
Mar 19, 1948 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled that the discretion of the High Court to restore possession under section 522 of the Criminal Procedure Code is not strictly bound by the outcome of the criminal conviction. The court emphasized that each case must be evaluated based on its own circumstances and the principles of justice. In this instance, the acquittal of the accused did not automatically entitle them to regain possession of the property, as the High Court has the discretion to consider the merits of the case, including the ownership established by the complainant. The court highlighted that the original order of possession under section 522 remains effective unless overturned by a competent authority. |
| Summary |
This case revolves around a dispute concerning possession of a house in Sialkot. The petitioner, Abdul Ghani, was convicted of criminal trespass and subsequently had possession of the property restored to the complainant, Imam Din, under section 522 of the Criminal Procedure Code. After being acquitted, Abdul Ghani sought to regain possession of the house, arguing that his acquittal should entitle him to restoration. The Lahore High Court deliberated on the powers conferred under the Criminal Procedure Code and the Specific Relief Act, ultimately ruling that the High Court holds discretion in such matters, and the circumstances surrounding the case must be thoroughly examined. The decision underscores the importance of judicial discretion in property disputes arising from criminal cases, particularly when ownership and possession are contested. The case emphasizes the need for a comprehensive evaluation of all relevant factors before making a ruling on possession, ensuring that justice prevails in property rights disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL RAHMAN,
CORNELIUS, J.
|
| Lawyers |
Malik Muhammad Amin,
Nazir Ahmad Mahmood
|
| Petitioners |
ABDUL GHANI
|
| Respondents |
THE CROWN
|
| Citations |
1950 SLD 51,
1950 PLD 154
|
| Other Citations |
5 P. R. (Cr.) 1895, F. B.,
1923 A. I. R. Lahore 15,
118 I. C. 392
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Specific Relief Act, 1877,
Matrimonial Causes Act, 1937,
Pakistan Penal Code, 1860
|
| Sections |
426,
439,
22,
428,
338,
522,
423(1)(d),
427,
4,
453,
455
|