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Illegal Dispossession Act 2005 Latest Case Laws

PLJ 2019 Lahore 731 Illegal Dispossession Act 2005 Case Laws

PLJ 2019 Lahore 731 Illegal Dispossession Act 2005, Constitution of Pakistan, 1973—Art. 199–Criminal Procedure Code, 1898, S. 265-K–Illegal Dispossession Act, 2005–S. 3(2)–Application for acquittal during trial–Accepted–Powers of Court–Scope of interference–Challenge to–Power vested under Section 265-K Cr.P.C–Can be exercised by learned trial Court at any stage of trial–Language “Nothing in this Chapter shall be deemed to prevent a Court from acquitting an accused at any stage of case” adequately conveys underlying object of provision that there exists no impediment on way of trial Court in exercise of its powers for acquitting accused at any stage–Perusal of order of learned trial Judge, herein above, clearly indicates that it is based on proper appreciation of facts and law and material available on record–No illegality, perversity or material irregularity could have been pointed out, in impugned order by learned counsel–Scope of interference by High Court is, therefore, limited to inquiry whether tribunal has in doing act or undertaking proceedings acted in accordance with law–If answer be in affirmative High Court will stay its hands and will not substitute its own findings for findings recorded by tribunal–Petition was dismissed.

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