Cognizance of complaint

Trial Court, on complaint filed by respondent, sought report from police and in the light of police report, took cognizance under Illegal Dispossession Act, 2005, against petitioner and framed charge

Plea raised by petitioner was that civil suit regarding same property was pending between same parties before civil court

Validity

Where civil Court was already seized with subject matter of dispute and had passed order regulating possession thereof or a case in which decree for possession had been granted or a permanent injunction granted restraining opposite party from interfering with possession of decree holder, fell outside the jurisdiction of a Magistrate under S.145 Cr.P.C.

Respondent through filing of her complaint under Illegal Dispossession Act, 2005, had tried to transform a bona fide civil dispute between parties into a criminal case so as to bring weight of criminal law and process to bear upon applicant in order to extract concessions from him

High Court declared such utilization of criminal law and process by respondent, to be an abuse of process of law and the same was not allowed to be perpetuated

High Court in exercise of inherent jurisdiction quashed the proceedings against petitioner pending before Trial Court

Petition was allowed accordingly.

Complaint under Illegal Dispossession Act, 2005, cannot be entertained where matter of possession of relevant property is being regulated by a civil or revenue court

Provisions of Illegal Dispossession Act, 2005, are restricted in scope and applicable to only those cases where dispossession from immovable property has allegedly come about through the hands of class or group of persons who have credentials or antecedents of being property grabbers/Qabza group/land mafia

Provisions of Illegal Dispossession Act, 2005, do not apply to run of the cases of alleged dispossession from immovable properties by ordinary persons having no such credentials or antecedents, i.e. cases of disputes over possession of immovable properties between co-owners or co-sharers, between landlords and tenants, between persons claiming possession on the basis of inheritance, between persons vying for possession on the basis of competing title documents, contractual agreements or revenue record or cases with a background of an ongoing private dispute over relevant property

Before entertaining complaint under Illegal Dispossession Act, 2005, Trial Court must feel prima facie satisfied that persons complained against, have credentials of being property grabbers or they have antecedents of being members of Qabza group or land mafia; it is only after such prima facie satisfaction that complaint may be entertained by Trial Court.