IN THE HON’BLE LAHORE
HIGH COURT RAWALPINDI BENCH RAWALPINDI
Criminal Revision No: /2015.
ABC etc VS XYZ etc
INDEX
INDEX
S. No.
|
Description of Documents
|
Annex
|
Pages
|
1.
|
Main criminal revision
|
---
|
1-8
|
2.
|
Certified copy of impugned order 17.07.2014 passed by Additional
Sessions Judge Rawalpindi .
|
“A”
|
|
3.
|
Certified copy of private complaint.
|
“B”
|
|
4.
|
Certified copy of oral and documentary evidence .
|
“C”
|
|
5.
|
Certified copy of police report submitted in the Court of Additional
sessions Rawalpindi .
|
“D”
|
|
6.
|
Certified copy of contempt application filed by the petitioners.
|
“E”
|
|
7.
|
Copy of commission report
|
“F”
|
|
8.
|
Certified copy of contempt application moved by respondent XYZ alongwith
written reply.
|
“G”
|
|
9.
|
Certified copy of grounds of appeal titled “ABC etc VS XYZ etc.”
|
“H”
|
|
10.
|
Certified copy of application to DPO Rawalpindi by XYZ.
|
“J”
|
|
11
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Certified copy of notices and order sheet.
|
“K”
|
|
12.
|
Copy of criminal revision No. 000/14 alongwith order dated 11.11.14
passed by His Lordship Mr. Justice Mazhar Hussain Sindhu Judge Lahore High
Court Rawalpindi Bench Rawalpindi.
|
“L”
|
|
13.
|
Copy of plaint alongwith compromise deed in shape of application order
sheet.
|
“M”
|
|
14
|
Copy of agreement in shape of application dated 01.10.2014.
|
“N”
|
|
15
|
Copy of order sheet passed by Civil Judge Rawalpindi from 20.09.2014 to 01.10.2014.
|
“O”
|
|
16.
|
Copy of application for restoration of possession to DPO Rawalpindi .
|
“P”
|
|
17.
|
Copy of plaint titled “XYZ VS ABC etc”, written statement and order
sheet.
|
“Q”
|
|
18
|
Copy of plaint tilted “ABC etc VS XYZ” alongwith written statement and
order sheet.
|
“R”
|
|
19.
|
Copy of contempt application.
|
“S”
|
|
20.
|
Copy of commission report.
|
“T”
|
|
21.
|
Copy of revision petition khewt No. 000 alongwith order sheet.
|
“U”
|
|
22.
|
Copy of revision petition khewt No. 000 alongwith order sheet.
|
“V”
|
|
23.
|
Copy of revision petition khewt No. 000 alongwith order sheet.
|
“W”
|
|
24.
|
Copy of revision petition khewt No. 000 alongwith order sheet.
|
“X”
|
|
25.
|
Copy of revision petition khewt No. 000 alongwith order sheet.
|
“Y”
|
|
26.
|
Copy of revision petition khewt No. 000 alongwith order sheet.
|
“Z”
|
|
27.
|
Copy of revision petition khewt No. 000 alongwith order sheet.
|
“AA
|
|
28.
|
Copy of application for certified copies with report of copying
agency.
|
“BB”
|
|
29
|
Copy of revision petition khewt No. 000 alongwith order sheet.
|
“CC”
|
|
30
|
Application under section 561-A Cr.P.C. alongwith affidavit.
|
---
|
|
31
|
Exemption Petition alongwith affidavit
|
---
|
|
32
|
Vakalatnama
|
---
|
Petitioners
Through
NAME
OF ADVOCATE
Advocate
High Court
C.C.No.
0000
IN THE HON’BLE LAHORE
HIGH COURT RAWALPINDI BENCH RAWALPINDI
Criminal Revision No: /2015.
1. ABC1
2. ABC2
3. ABC3 Sons of ZZZ, Caste YYY R/o ABC House
No. 1, Street No. 2 Satellite Town, Tehsil & District Rawalpindi .
…. (Petitioners)
VERSUS
1. XYZ
son of ZZZ, Caste YYY, R/o House
No. 1, Street No. 2 Satellite Town, Tehsil & District Rawalpindi .
2. Additional
Sessions Judge Rawalpindi .
3.
…. (Respondents)
Criminal Revision: U/Ss. 435 and 439 Cr.P.C. assailing the order dated: 17.07.2014 passed by the learned Additional Sessions Judge Rawalpindi whereby the learned Additional Session Judge was pleased to summon the petitioners for facing the trial under section 3 of Illegal Dispossess Act.
Prayer: - Acceptance of the present
revision petition, setting aside the impugned order dated: 17.07.2014 and for
dismissal of complaint under 3 Illegal Dispossession Act.
Respectfully Sheweth:-
1.
That BRIEF FACTS giving rise to the present
criminal revision petition are that the respondent No.1 is a real brother of
petitioners, filed a private complaint annexure-“---”
Illegal Dispossession Act against the petitioners in the Court of Learned
Additional Sessions Judge Rawalpindi ;
and learned Additional Sessions Judge was pleased to pass an order for report
from S.H.O. Police report was submitted along with all revenue documents and
civil litigation documents about disputed property between the parties of this
revision petition and copy of the same documents are lying on record of learned
Trial Court / Additional Sessions Judge Rawalpindi . The report of police was in
favour of the petitioners / accused according to which the respondent was never
dispossessed and since long petitioners are in possession of the disputed
property. The Trial Court was pleased to summon the petitioners above mentioned
complaint as accused vide impugned order dated 18.02.2014 hence this revision
petition. It is pertinent to mention here even before this impugned complaint
the respondent filed a complaint against the petitioners under Illegal
Dispossess Act alleging therein that petitioners have illegally dispossessed
the respondent from landed property of Khewat No.000 Khasra Nos. 000, 0000/1
and 0000/1 measuring 13k-14M, Khewat no. 000, Khasra No.0000/2 measuring 02K-5M,
Khewat No. 000, Khasra No. 0000/2 measuring 02k-6m. The petitioners moved an
application 265-K Cr.P.C. before the Trial Court which was dismissed vide order
dated 17.11.2014 against which petitioner filed a criminal revision petition
No. 000/14 before Hon’ble Lahore High Court Rawalpindi Bench Rawalpindi on the
same grounds as mentioning below as mentioned in this criminal revision
petition. Hon’ble his lordship NAME OF
JUSTICE judge High Court, was pleased to summon the respondent and stayed the
proceedings of Trial Court vide order dated 10.12.2014.
2.
That fact behind filing of private complaint is
that father of the parties left agricultural property on his death and
consequently parties became owners as being co-sharer. The family dispute arose
between the parties and respondent filed eight partition petitions before Assistant
Collector Rawalpindi for partition of ancestral property wherein the respondent
moved an application by forging signature of petitioners but petitioners
remained ignorant of all such proceedings and never engaged any counsel in
abovementioned partition petition as respondents. At the same time suit for
declaration was filed by ABC4 brother of parties titled “ABC4 Shah VS XYZ etc” annexure-“---” wherein an agreement was
executed between the parties annexure-“---”,
so in view of the compromise copy of order sheet of learned Civil Judge Rawalpindi is annex as annexure-“----”, but on the other hand the respondent played a
fraud in Revenue Court and got orders for possessions in consequence of
acceptance of partition petitions. However, since beginning the disputed
agricultural property always remained in possession of the petitioners and its
possession never given to the respondent through Revenue Court. It is pertinent
to mention here that respondent moved an application annexure-“---” for restoration of possession before D.P.O. Rawalpindi and this application was inquire into and the
allegations were found concocted.
3.
That Revenue Courts by using officials of
revenue side the respondent succeeded in getting entries in record regarding
execution of partition’s order passed by Revenue Court but it was not done on
spot that’s why the petitioners remained ignorant of this fact.
4.
That on getting knowledge of the above fact the
petitioners filed an appeal before District Collector same was dismissed as
being time barred, however revision petition is pending before learned
commissioner Rawalpindi.
5.
That the impugned order of summoning of
petitioners by learned A.S.J. dated …..
is liable to be set aside on the following amongst others:-
G R O U N D S:-
1.
That complaint under section 3 of illegal
dispossession Act is not maintainable in eye of law as Illegal Dispossession
Act comes into action against those persons who have antecedent of grabbing
property and also against persons who are professional land graters and members
of land mafia, whereas in instant case there is civil disputes between the
parties regarding the disputed land.
2. That parties are real brothers and there is civil litigation between the parties regarding the ancestral disputed property.
3. That the petitioners have also challenged revenue proceedings in Civil Courts through a suit for declaration annexure-“---”.4. That there is civil dispute between the parties regarding the ancestral property which has been given criminal colour by the respondent.
5. That complainant has filed already a private complainant regarding landed property of Khewat No. 000, so this complainant is not maintainable.
6. That two contempt applications are pending before learned NAME OF JUDGE Civil Judge and a local commission report was taken by the Civil Court copies of contempt applications and local commission report are attached as annexure …..
8. That disputed property joint between the parties and revision petition annex-“----” alongwith other revisions petitions annexure- “----” is pending before learned commissioner Rawalpindi against partition orders.
Under the above circumstances it is respectfully prayed that impugned order dated 17.07.2014 passed by learned Trial Court / Additional Sessions Judge Rawalpindi may very kindly be set aside and complaint filed by respondent No.1 against the petitioner may very kindly be dismissed.
2. That parties are real brothers and there is civil litigation between the parties regarding the ancestral disputed property.
3. That the petitioners have also challenged revenue proceedings in Civil Courts through a suit for declaration annexure-“---”.4. That there is civil dispute between the parties regarding the ancestral property which has been given criminal colour by the respondent.
5. That complainant has filed already a private complainant regarding landed property of Khewat No. 000, so this complainant is not maintainable.
6. That two contempt applications are pending before learned NAME OF JUDGE Civil Judge and a local commission report was taken by the Civil Court copies of contempt applications and local commission report are attached as annexure …..
8. That disputed property joint between the parties and revision petition annex-“----” alongwith other revisions petitions annexure- “----” is pending before learned commissioner Rawalpindi against partition orders.
Under the above circumstances it is respectfully prayed that impugned order dated 17.07.2014 passed by learned Trial Court / Additional Sessions Judge Rawalpindi may very kindly be set aside and complaint filed by respondent No.1 against the petitioner may very kindly be dismissed.
Petitioners
Through
NAME
OF ADVOCATE
Advocate
High Court
C.C.No.
0000
CERTIFICATE: -
Certified
that as per instruction of the petitioners no such petition is preferred or
pending in this Hon’ble Court and also in the apex Supreme Court.
Dated: Advocate
IN THE HON’BLE LAHORE
HIGH COURT RAWALPINDI BENCH RAWALPINDI
C.M. /2015.
IN
Criminal Revision /2015.
ABC etc VS XYZ etc
Application U/S 561-A Cr.P.C.
Respectfully Sheweth;
1. That the above titled Criminal
Revision has been filed in this Hon’ble Court, which is likely to succeed. The
contents of main criminal revision may be considered as integral part of this
petition.
2. That if the proceedings of trial
Court in private complaint of impugned order are not stayed / stopped the
petitioner will suffer irreparable loss.
3. That balance of convenience lies in
favour of petitioner.
Under the
above circumstances, it is, respectfully prayed that proceedings of trial Court
in private complaint of impugned order may very kindly be stayed till the final
decision of this Criminal Revision.
Petitioners
Through
NAME
OF ADVOCATE
Advocate
High Court
C.C.No.
0000
IN THE HON’BLE LAHORE HIGH COURT RAWALPINDI BENCH RAWALPINDI
C.M. /2015
IN
Criminal Revision /2015.
IN
ABC etc VS XYZ etc
Application U/S 561-A Cr.P.C.
AFFIDAVIT
I, ABC Son of ZZZ, Caste YYY R/o House No. 1, Street No. 2
Satellite Town, Tehsil & District Rawalpindi do hereby solemnly affirm and declares on
oath:-
That the contents of accompanying petition are
correct and true to the
best of my knowledge and belief and nothing has been concealed.
Deponent
Verification: -
Verified
on oath, on 26th day of Jan. 2015 that above mentioned contents are correct and
true to the best of my knowledge and belief and nothing has been concealed
therefrom.
Deponent
IN THE HON’BLE LAHORE
HIGH COURT RAWALPINDI BENCH RAWALPINDI
C.M. /2015
IN
Criminal Revision /2015.
Criminal Revision /2015.
ABC etc VS XYZ etc
EXEMPTION PETITION
That with the above quoted criminal revision the documents Annexure-“ ”
being not available in original with the petition, the Photostats are annexed.
Hence it is humbly prayed that the annexation of the original documents
may graciously be exempted.
Petitioners
Through
NAME
OF ADVOCATE
Advocate
High Court
C.C.No.
0000
IN THE HON’BLE LAHORE
HIGH COURT RAWALPINDI BENCH RAWALPINDI
C.M. /2015
IN
Criminal Revision /2015.
IN
ABC etc VS XYZ etc
EXEMPTION PETITION
AFFIDAVIT
I, ABC
Son of ZZZ, Caste YYY R/o House No. 1,
Street No. 2 Satellite Town, Tehsil & District Rawalpindi do hereby solemnly affirm and declares on
oath:-
That the contents of accompanying petition are
correct and true to the
best of my knowledge and belief and nothing has been concealed.
Deponent
Verification: -
Verified on
oath, on 26rd day of Jan. 2015 that above mentioned contents are
correct and true to the best of my knowledge and belief and nothing has been
concealed therefrom.
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