| Case ID |
dfc6cccf-3d1a-4d3a-8c3c-a2a674f7df9b |
| Body |
View case body. Login to View |
| Case Number |
W.P. No. 7527 of 2006 |
| Decision Date |
Oct 31, 2006 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the constitutional petition filed by Amir Abdullah Khan against the order of the Additional Sessions Judge, Mianwali, which had declined his application for acquittal under Section 265-K of the Criminal Procedure Code. The court held that the Additional Sessions Judge is indeed a Sessions Judge as per the definition in Section 9(4) of the Criminal Procedure Code. The court found no legal merit in the petitioner's claims and upheld the jurisdiction of the Additional Sessions Judge, stating that the definitions and legal standings were clear. The court emphasized that any prior civil injunctions were not binding on the criminal proceedings, as the complainant was not a party to the civil suit. The decision reinforced the applicability of the Illegal Dispossession Act in the context of the case, confirming that the allegations of criminal trespass and illegal dispossession were substantiated. Consequently, the petition was dismissed without any order as to costs. |
| Summary |
In the case of W.P. No. 7527 of 2006, decided by the Lahore High Court, the petitioner Amir Abdullah Khan challenged the legality of an order passed by the Additional Sessions Judge, Mianwali, which denied his application for acquittal in a case of alleged illegal dispossession under the Illegal Dispossession Act, 2005. The court examined the jurisdiction of the Additional Sessions Judge and determined that he held the same authority as a Sessions Judge under the relevant laws. The court dismissed the petition, stating that the claims made by the petitioner lacked legal validity and did not warrant interference in the decision of the lower court. The ruling underscored the importance of adhering to legal definitions and the applicability of established laws in matters of dispossession and criminal proceedings. Overall, the decision highlighted the court's commitment to upholding the rule of law and protecting the rights of property owners against unlawful dispossession. |
| Court |
Lahore High Court
|
| Entities Involved |
WAPDA
|
| Judges |
MUHAMMAD MUZAMMAL KHAN, J.
|
| Lawyers |
Mr. Muhammad Zafar Chaudhry, Advocate,
Syed Iqbal Hussain Shah Gillani, Advocate
|
| Petitioners |
AMIR ABDULLAH KHAN
|
| Respondents |
Respondent No. 2,
ADDITIONAL SESSIONS JUDGE MIANWALI
|
| Citations |
2007 SLD 3107,
2007 PLJ 743
|
| Other Citations |
Not available
|
| Laws Involved |
Illegal Dispossession Act, 2005,
Criminal Procedure Code, 1898,
Constitution of Pakistan, 1973
|
| Sections |
3,
4,
9(4),
265-K,
199
|