| Case ID |
f8235ee5-4ee3-4ef7-a170-4393aed51e13 |
| Body |
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| Case Number |
Criminal Miscellaneous Application No. 75 and M.A. |
| Decision Date |
May 31, 2012 |
| Hearing Date |
Mar 28, 2012 |
| Decision |
The High Court quashed the proceedings against the applicant, stating that the complaint under the Illegal Dispossession Act, 2005 could not be entertained as the matter regarding possession was already under the jurisdiction of a civil court. It emphasized that the provisions of the act are limited to cases involving property grabbers or those with antecedents of land mafia, and do not apply to ordinary disputes over property. The Court found that the respondent had attempted to convert a civil matter into a criminal one, which constituted an abuse of legal process. The ruling underscored the necessity of maintaining the integrity of civil proceedings and preventing misuse of criminal law for personal gain. |
| Summary |
In the case at hand, the Sindh High Court addressed the application under section 561-A of the Criminal Procedure Code for quashing proceedings initiated under the Illegal Dispossession Act, 2005. The applicant, Muhammad Fareed, was accused of illegally dispossessing the complainant from a property. The Court noted that the matter of possession was already pending before a civil court, thus falling outside the jurisdiction of the magistrate. It was established that the Illegal Dispossession Act applies only to cases involving individuals with a history of property grabbing. The ruling highlighted the importance of distinguishing between criminal and civil disputes, reinforcing the principle that civil matters should not be escalated into criminal cases without sufficient grounds. The Court's decision serves as a critical reminder of the legal framework surrounding property disputes and the necessity of adhering to proper legal procedures. The resolution of property-related conflicts should remain within the purview of civil courts, ensuring that individuals are not unjustly subjected to criminal proceedings based on civil disagreements. This case reflects broader themes of legal integrity, the role of the judiciary in upholding justice, and the need for clear delineation between civil and criminal jurisdictions. |
| Court |
Sindh High Court
|
| Entities Involved |
Karachi Memon Cooperative Housing Society Limited,
Karachi Co-operative Housing Society Union Limited
|
| Judges |
SYED HASAN AZHAR RIZVI, J
|
| Lawyers |
Mehmood A. Qureshi,
Muhammad Nazir Tanoli,
Arshad Tayebaly,
Abdullah Rajput
|
| Petitioners |
MUHAMMAD FAREED
|
| Respondents |
THE STATE,
|
| Citations |
2013 SLD 2152,
2013 YLR 133
|
| Other Citations |
PLD 2007 Lah. 231,
2010 SCMR 1254,
2011 SCMR 549,
PLD 2010 SC 661,
Shahbudin v. The State PLD 2010 SC 725
|
| Laws Involved |
Illegal Dispossession Act (XI of 2005),
Criminal Procedure Code (V of 1898)
|
| Sections |
3,
5,
145,
561-A
|