2008 P Cr (PLP)
AMANAT ALI — Petitioner Versus SESSIONS JUDGE, ISLAMABAD and 5 others — Respondents
| Citation | 2008 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | AMANAT ALI — Petitioner Versus SESSIONS JUDGE, ISLAMABAD and 5 others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2008 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 P Cr (PLP) (AMANAT ALI — Petitioner Versus SESSIONS JUDGE, ISLAMABAD and 5 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ----Ss. 22-A & 439---Constitution of Pakistan (1973), Art.199---Petitioner had no allotment letter from the Estate Office in his favour in respect of house in question---Specific findings had been recorded by the Sessions Judge that petitioner was a stranger and was in possession of the house, not allowing the Estate Officer to deliver possession of nib house to a legitimate allottee---Petitioner could not produce any allotment in his favour regarding the house in question nor he had any right to remain in its possession---Revision petition was not maintainable---When confronted with such situation, counsel for petitioner had stated that criminal original petition could be converted into writ petition---Validity---Equity being not in favour of petitioner, revision could not be converted into constitutional petition.
- M. Tanveer Chaudhry for Petitioner.
Headnotes / Summary
Ss. 22-A & 439
Constitution of Pakistan (1973), Art.199
Petitioner had no allotment letter from the Estate Office in his favour in respect of house in question
Specific findings had been recorded by the Sessions Judge that petitioner was a stranger and was in possession of the house, not allowing the Estate Officer to deliver possession of nib house to a legitimate allottee
Petitioner could not produce any allotment in his favour regarding the house in question nor he had any right to remain in its possession
Revision petition was not maintainable
When confronted with such situation, counsel for petitioner had stated that criminal original petition could be converted into writ petition
Equity being not in favour of petitioner, revision could not be converted into constitutional petition.
Judgment & Decree
ABDUL SHAKOOR PARACHA, J.
The petitioner through this criminal original under sections 435-439, Cr.P.C. impugns the order of the learned Sessions Judge, Islamabad, dated 13-6-2005, through which by accepting application 22-A, Cr.P.C. filed by the allottee of the quarter in dispute namely Manzoor Ahmed, respondent No.4 directed the petitioner to vacate the house and hand over the possession.
2. Revision petition is not maintainable. When confronted with this situation, learned counsel states that the criminal original petition may be converted into writ petition.
3. The petition cannot be converted into writ petition.
4. On merits the petitioner has no allotment letter from the Estate Office in his favour. A specific finding has been recorded by the learned Sessions Judge that the petitioner is a trespasser and is in possession of the house, not allowing the Estate Officer to deliver possession of the quarter to a legitimate allottee.
5. The petitioner could not produce any allotment in his favour regarding the house nor he has any right to remain in its possession, therefore, the equity does not go in his favour to issue writ. Consequently, this revision petition fails and is dismissed in limine. H.B.T./A-211/L Revision dismissed.