219/2019 Criminal Appeal ANANTKUMAR PARSHOTAM (Appellant) V/S MEM. OF MANAGING COMT. NARAYAN TEMPLE TRUST & ORS (Respondent)

Sindh High CourtCriminal Law2020

Bench: Hon'ble Mr. Justice Adnan Iqbal Chaudhry(Author)

219/2019 Criminal Appeal ANANTKUMAR PARSHOTAM (Appellant) V/S MEM. OF MANAGING COMT. NARAYAN TEMPLE TRUST & ORS (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Adnan Iqbal Chaudhry(Author) Order Date: 17-MAR-20

1. Under section 8-A of the Illegal Dispossession Act, 2005, an order that is appealable to the High Court does not include an order dismissing the complaint. However, the appeal can be converted to a criminal revision. 2. In order to constitute an offence under the Illegal Dispossession Act, the complaint must disclose actus reas and mens rea, and if the facts that constitute an offence under section 3 of the Illegal Dispossession Act are not disclosed through the complaint or documents with it, then the Court can dismiss the complaint straight away. Rel: Waqar Ali v. The State (PLD 2011 SC 181).

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219/2019 Criminal Appeal ANANTKUMAR PARSHOTAM (Appellant) V/S MEM. OF MANAGING COMT. NARAYAN TEMPLE TRUST & ORS (Respondent)

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