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ZAFAR IQBAL versus ADDITIONAL SESSIONS JUDGE


Section 105 Illegal Settlement Act (XI of 2005), Sections 3 and 5 of the Criminal Procedure Code (V9 1898), Sections 24A, 265 K & 561 Constitution of Pakistan (1973), Article 199 Constitutional Petition Retaining Non-External Talks Order cannot be allowed. The respondent, who was caught in the constitutional jurisdiction under Article 199 of the Constitution, filed an application under this Act under Section 3 of the Unlawful Settlement Act, 2005, which violated the procedure prescribed under Section 5. The civil suit was filed before the Additional Sessions Judge. Under the Unlawful Settlement Act, 2005, the officer in charge of the police station neither investigated the matter nor issued a summons, instead of arresting the applicant, excluding the right to appeal from the interim order. Directly issuing warrants, the final action to attack such interim orders in the constitutional jurisdiction was to move an application under section 24A or 265, CCPC as the case may be and by constitutional petition or No criminal proceedings can be allowed under section 555A, CRPCR records revealed That the petitioner never appeared before the trial court or made any application under section 24A or 265A, the constitutional application of the CCP was not eligible.

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