145/2018 Cr.Rev Umed ALI (Applicant) V/S THE STATE & others (Respondent)
Bench: Hon'ble Mr. Justice Arbab Ali Hakro(Author)
145/2018 Cr.Rev Umed ALI (Applicant) V/S THE STATE & others (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Arbab Ali Hakro(Author) Order Date: 12-JAN-26
Civil disputes do not bar prosecution under the Illegal Dispossession Act and any summary dismissal on such grounds is legally untenable, as forcible dispossession requires a judicial inquiry and cannot be shielded behind pending civil litigation; Trial Courts are duty???bound to determine prior possession rather than evade jurisdiction on the pretext of civil remedies, since concurrent civil proceedings offer no defence against criminal liability and any summary rejection without proper inquiry violates the mandate of Section 5 of the Act.