IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Rev. Appln. No. S- 49 of 2018

 

Applicant:           Sanaullah Shambani through Mr. Mujeeb-ur-Rehman Soomro, Advocate

Respondents:      Saith, Raja Khan, Hidayat, Liaquat and Shoukat Ali through Mian Mumtaz Rabbani, Advocate

 

The State, through Mr. Aftab Ahmed Shar,

                             Additional Prosecutor General

 

Date of hearing: 18.02.2019

Date of order:     18.02.2019

                  

ORDER

 

Irshad Ali Shah, J;- The applicant by way of instant Criminal Revision Application has impugned order dated 18.04.2018, passed by learned Additional Sessions Judge (Hudood) Sukkur, whereby the direct complaint filed by the applicant was dismissed u/s. 203 Cr.PC.

2.                    The facts in brief necessary for disposal of instant Criminal Revision Application are that as per the applicant the private respondents in order to satisfy their matrimonial dispute with him robbed him of his belonging by way of maltreatment for that he lodged FIR Crime NO.63/2017 under Section 395, 148, 149 PPC with P.S Salehpat, it was cancelled under ‘B’ class. Subsequently, he filed direct complaint for prosecution of the private respondents for the above said offence, it was assigned for its disposal to learned Additional Sessions Judge (Hudood) Sukkur who in turn assigned the same to learned 2nd Civil Judge and Judicial Magistrate Rohri for preliminary enquiry, it was conducted and then learned Additional Sessions Judge (Hudood) Sukkur dismissed the complaint, such dismissal of his complaint, the applicant has impugned before this Court by way of instant Criminal Revision Application, as stated above.

3.                    It is contended by learned counsel for the applicant that the learned Additional Sessions Judge (Hudood) Sukkur, has dismissed the complaint of the applicant without lawful justification, ignoring the fact that the applicant was able to make out a case for cognizance of his complaint. By contending so, he sought for remand of the matter to the learned Additional Sessions Judge (Hudood) Sukkur, with direction to take cognizance of the offence and then to proceed with it in accordance with law. In support of his contention, he has relied upon the cases of Abdul  Sattar Khan vs. The State and others (2014 P Cr.L J 1133), Haji Jamalu Hussain vs. Ilaqa Magistrate Section 30 Multan and others (2012 P. Cr.LJ 159) & Hassan Ali vs. Bakhat Sawab and others (2015 P.Cr.LJ 332).

4.                   Learned Addl:P.G for the State and learned counsel for the private respondents have sought for dismissal of the instant Criminal Revision Application by contending that the applicant in order to satisfy his matrimonial dispute with the private respondent is intending to involve them in false case by leveling false allegation of robbery.

5.                    I have considered the above arguments and perused the record.

6.                    In inquiry, the applicant has to make out a prima facie case for cognizance. At trial, the applicant has to prove his case beyond shadow of doubt. Inquiry could be equated with trial. In the instant case, the allegation so leveled by the applicant against the private respondents, the applicant was able to prove by examining him and his witnesses at inquiry and it prima facie was enough for taking cognizance of the offence. In that situation, the impugned order of learned Additional Sessions Judge (Hudood) Sukkur, could not be sustained, it is set aside.

7.                   In case of Noor Muhammad vs. State (PLD 2007 SC-09), it has been held by the Honourable Supreme Court of Pakistan that;

“Burden of proof in preliminary inquiry for issuance of process is much lighter on the complainant as compared to the burden of proof on prosecution at trial of offence---Prosecution, during trial, is to prove case beyond reasonable doubt and at preliminary stage complainant is not required to discharge heavy burden of proof”.           

8.                   Consequent upon above discussion, the matter is remanded to learned Additional Sessions Judge (Hudood) Sukkur, with direction to pass fresh and appropriate order, after due hearing to all the concerned.

9.                    The instant Criminal Revision Application is disposed of accordingly

Judge

 

ARBROHI