7/28/2021 Case Flow Management System

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IN THE COURT OF VITH ADDITIONAL DISTRICT & SESSIONS JUDGE, KARACHI WEST
BEFORE: (GUL ZAMIR SOLANGI)
 

Direct Complaint No. 177/2020

qas S/o Ashiq Hussain……………………………….……..Complainant

Versus

1.   Shahnawaz @ Shano

2.   The Station House Officer

P.S. Saeedabad, Karachi….…..……………………………..Respondents

 

Javed Tanoli, Advocate for complainant.

ORDER

30.03.2021

                        By this order, I intend to dispose of the instant complaint filed under Sections 3 and 4 of Illegal
possession Act 2005, on behalf of the complainant through counsel against the respondents.

            Brief facts of the complaint are that the complainant is the lawful and absolute owner of property
L-492, measuring 80 square yards, Sector 21-B/E, Musharraf Colony, Scheme 29, L.E.R.P., Hub River Road,
edabad, Karachi, which was purchased from its owner Mst. Mubina, thereafter the same has been transferred
his name vide Transfer Order Diary No.3300, dated 03.10.2019. The complainant, after purchasing the said
perty, locked the same for the purpose of construction and at that time due to financial problems, he did not
struct the same. Some days ago, the complainant went to the said property for inspection, he saw that the lock
he said house was broken, he knocked the door and the respondent No.1 came out from inside and the
mplainant inquired from him and told him that he is the owner of the said property and have all documents,
on which the respondent No.1 started to abuse and extended threats for killing. The wife of the respondent No.1
o came out from inside the house who also extended threats to the complainant for loss of life. Thereafter, the
mplainant again approached the respondent No.1 through different people for vacating the said property, but he
not pay any heed and continuously extended threats and also threatened to handover the documents of said
perty, otherwise he will be killed. On 14.11.2020, the complainant went to his brother’s house namely Zeeshan
uated at Musharraf Colony, and in evening time at 06:30 p.m, the respondent No.1 came and put out the pistol
d pointed out it upon the complainant and threatened to handover the documents otherwise he will kill him,
ing this the area people gathered there and caught hold the respondent No.1 and complainant went away from
re alongwith his brother. Thereafter, the complainant approached to the concerned police station and moved
lication but the police failed to take any legal action against the respondent No.1, thereafter the complainant
mitted the said application to the DIG West and SSP West but  still no action has been taken on such
lications. The respondent No.1 illegally occupied the said property till date. Hence, the complainant has filed
s complaint with prayers as mentioned in it.

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7/28/2021 Case Flow Management System

                        In pursuance of the section 3 and 4 of Illegal Dispossession Act 2005, the SHO of police station
cerned was directed to conduct the inquiry/investigation into the matter and submit such report regarding the
nership of disputed property by describing that the complainant is actual owner/occupier and has remained in
ful possession of property and accused have entered into or upon the same property without lawful authority.
compliance of the directions, ASI Jaifoor Khan of police station Saeedabad conducted inquiry and submitted his
ort which is on record.  

            At this stage, a court is required to make a tentative assessment whether prima facie ingredients of
ged offence are made out or not. The report of the inquiry officer clearly shows that the offences u/s 3 and 4 of
Illegal Dispossession Act are committed by the accused persons and they occupied the property No.L-492,
asuring 80 square yards, Sector 21-B/E, Musharraf Colony, Scheme 29, L.E.R.P., Hub River Road, Saeedabad,
achi, without any legal documents, therefore, I take cognizance against the respondents. Let bailable warrants
issued against the above named respondent/accused person through SHO of P.S. concerned in sum of
50,000/- with P.R. Bond in the like amount. The matter is now fixed for appearance of the accused on
04.2021.

nounced in open Court.

en under my hand and seal of this Court this 30th day of March, 2021.

(Gul Zamir Solangi),

VIth Additional District & Sessions Judge,

Karachi West

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