89/2015 Cr.Acq.A. SYED MUHAMMAD AHSAN (Appellant) V/S MUNAWAR ALI NAQVI & ORS (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar(Author)
Order Date: 17-JUL-19
(a) Illegal Dispossession Act (XI of 2005)- ----Ss. 3, 5 & 7---Criminal Procedure Code (V of 1898), Ss. 265-H & 417(2A)---Appeal against acquittal--- Appreciation of evidence--- Illegal dispossession---Declaration to title---Proof---Appellant was complainant and was aggrieved of dispossession from subject property by accused persons---Trial Court under S. 265-H(i), Cr.P.C. acquitted accused persons---Validity---Law of land and even Shia Personal Law did not authorize Momineen of any locality to request anyone amongst themselves to unlawfully control or occupy immovable property of an orphanage owned by some registered private institution with intention to dispossess, grab, control or occupy said property and dispossess otherwise lawful occupiers of such property---Accused persons, despite backing of so-called religious scholars and their goodwill in community were conscious of fact that they had no moral authority or legal defense to justify taking over possession of subject property and grab and control of resources of private institution---Accused persons never filed any civil suit to seek declaration of their title in respect of subject property as they knew that their so-called working committee was not even fraudulently registered---High Court set aside judgment of acquittal passed by Trial Court and convicted accused persons under S. 3(2) of Illegal Dispossession Act, 2005 along with fine---Appeal was allowed accordingly. 2010 YLR 2139; Muhammad Akram and 9 others v. Muhammad Yousuf and another 2009 SCMR 1066; PLD 1989 SC 283; PLD 1971 SC 550; 2012 CLC 793; Shahabuddin v. The State PLD 2010 SC 725; Mumtaz Hussain v. Dr. Nasir Khan and others 2010 SCMR 1254; Shaikh Muhammad Naseem v. Mst. Farida Gul 2016 SCMR 1931 and Mst. Gulshan Bibi and others v. Muhammad Sadiq and others PLD 2016 SC 769 ref. (b) Illegal Dispossession Act (X1 of 2005)--- ----S. 3---Illegal dispossession---Abandoned property---Principle---Even abandoned property is supposed to be in constructive possession of its lawful owner---If at all there is any defect in status of owner to hold, occupy and control subject property of private institution, accused are not supposed to contravene S. 3(1) of Illegal Dispossession Act, 2005. (c) Illegal Dispossession Act (X1 of 2005)--- ----Ss. 3 & 5---Civil Procedure Code (V of 1908), S. 92---Illegal dispossession---Criminal and civil liabilities---Determination---Accused persons cannot contend that complainant has no lawful authority to file legal proceedings in view of S. 92, C.P.C. when raised before a court seized of a criminal case---Proceedings under Criminal Procedure Code, 1898 cannot be regulated by Civil Procedure Code, 1908. Zafar Ahmad and 5 others v. The State and 3 others PLD 2007 Lah. 231 and Bashir Ahmed v. Additional Sessions Judge PLD 2010 SC 661 refFull judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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