| Case ID |
44f82879-accf-41b8-8168-a154dfcfe9f2 |
| Body |
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| Case Number |
Criminal Miscellaneous Applications Nos. S-4 and S |
| Decision Date |
May 18, 2012 |
| Hearing Date |
Apr 16, 2012 |
| Decision |
The High Court set aside the orders passed by the trial court related to the applications under sections 249-A and 265-K of the Criminal Procedure Code. It was determined that the trial court had failed to consider whether the charges against the accused were groundless, and the court's decision was remanded for a fresh hearing. The interim order regarding the appointment of a custodian for the property was also found to be unsustainable under the law, as the court's jurisdiction did not extend to adjudicating title under the Illegal Dispossession Act. |
| Summary |
This case involves the Sindh High Court's decisions on two criminal miscellaneous applications concerning the Illegal Dispossession Act, 2005. The applicants challenged the trial court's dismissal of their application under sections 249-A and 265-K of the Criminal Procedure Code, arguing that the charges against them were groundless. The High Court examined the legal provisions and determined that the trial court had erred in its findings. The case highlights the importance of proper legal representation and adherence to procedural requirements in dispossession cases. Keywords such as 'Illegal Dispossession Act', 'Criminal Procedure Code', and 'court jurisdiction' are vital in understanding the legal implications and outcomes of this case. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ALL MAZHAR, J
|
| Lawyers |
Abdul Qadir Shaikh,
Miran Baksh Shar,
Sardar Ali Shah Jillani,
Ghulam Shabir Dayo,
Syed Sardar Ali Shah
|
| Petitioners |
ANOTHER,
GULZAR ALI
|
| Respondents |
STATION HOUSE OFFICER, P.S. KANDIARO,
RESPONDENT No. 3
|
| Citations |
2012 SLD 2796,
2012 PLD 390
|
| Other Citations |
Not available
|
| Laws Involved |
Illegal Dispossession Act, 2005,
Criminal Procedure Code, 1898
|
| Sections |
5,
7,
200,
249-A,
265-K
|