Sections 265 and 561 of the Unlawful Dispossession Act (XI of 2005), Section 7 (1) petition to restrain proceedings against the accused (applicant) were that he filed a complaint with the complainant (defendant). The tenant was forcibly evicted. And illegally obtained such possession on the basis of the lease on the lease of the fake date in which the accused filed a civil lawsuit on the basis of the said lease deed and in favor of which he canceled the previous injunction. Was filed under section 12 (2), CPC. According to the former court decree of the civil court, the accused applied for his acquittal under Section 256 of the CCPC but the same was denied by the court because the complainant had to be retained. After filing an application under Section 7 (1) of the Unlawful Settlement Act, 2005, the contentious landowner and the accused were subsequently expelled, only after the existence of a prior injunction in favor of the accused, W he was also challenged by an application under section 12 (2), the CPC would not be able to acquit the accused in a criminal proceeding before the trial court, where his alleged crime or other In the case it will be determined after recording the final and inconsistent evidence. The defendant failed to state that under what circumstances, the prosecution's case had failed. There was no possibility of his conviction, and under all probability he would be acquitted before the trial court could not be vacated by the present application for a trial, so he was dismissed.
Related judgments — Peshawar High Court NWFP, 2012
