| Case ID |
208a7eec-5948-42e1-8641-74ee547c13e2 |
| Body |
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| Case Number |
W.P. No. 15-M of 2024 |
| Decision Date |
Jan 16, 2024 |
| Hearing Date |
Jan 16, 2024 |
| Decision |
The petition was dismissed as the court held that the death of the complainant did not affect the maintainability of the complaint under the Illegal Dispossession Act, 2005. It was determined that the legal heirs of the deceased complainant could substitute and continue the proceedings. The court emphasized that the alleged offence was not person-specific and thus, the legal heirs had the right to pursue the complaint. The argument that there is no concept of power of attorney in criminal law was rejected, allowing the son of the complainant to act on behalf of the other legal heirs. |
| Summary |
This case revolves around the interpretation of the Illegal Dispossession Act, 2005, and the rights of legal heirs to continue a complaint following the death of a complainant. The High Court ruled that the death of the complainant does not terminate the proceedings if the complaint is not person-specific. The court underscored the importance of justice and the rights of legal heirs to pursue claims made by their predecessor. The case highlights the evolving jurisprudence regarding the continuation of criminal complaints post the complainant's demise, emphasizing that legal heirs can step in to ensure justice is served. The ruling aligns with established precedents that support the substitution of legal heirs in ongoing cases, thereby affirming the accessibility of legal recourse for families affected by dispossession. Keywords: Illegal Dispossession, Legal Heirs, Criminal Procedure, Court Rulings, High Court. |
| Court |
Peshawar High Court, Mingora Bench
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Naeem Anwar,
Muhammad Shahid Khan
|
| Lawyers |
Aurangzeb
|
| Petitioners |
Suleman,
Ghafoor Khan
|
| Respondents |
Jawad Khan
|
| Citations |
2024 SLD 4919,
2024 PLJ 89
|
| Other Citations |
PLD 2010 SC 612,
2020 YLR 457
|
| Laws Involved |
Illegal Dispossession Act, 2005,
Criminal Procedure Code (V of 1898)
|
| Sections |
3,
7,
247
|