IN THE HIGH COURT OF
SINDH, BENCH AT SUKKUR
Cr. Revision Application No.S- 65 of 2008
Applicant/complainant: Mst. Gulzar w/o of Muhammad Chuttal bycaste Mirbahar.
Respondents : Mst. Hafeezan, Niaz Ali and Haji
Imamuddin.
The
State through Mr. Aftab Ahmed Shar,
Additional Prosecutor General.
Date of hearing : 10-05-2019.
Date of decision : 10-05-2019.
O R D E R
IRSHAD ALI SHAH, J.- The
applicant by way of instant criminal revision application has impugned order
dated 11-07-2008 passed by learned 1st Additional Sessions Judge,
Sukkur, whereby her direct complaint for prosecution of the private respondents
for having committing death of Nasrullah, was
dismissed.
2. It is observed that after filing of instant Cr.
Revision Application, it has not being perused diligently by the applicant. It
is pertaining to year 2008, therefore it was decided
to dispose of the same on merits, with the assistance of learned APG for the
state.
3. It is inter-alia stated by the applicant in her Cr.
Revision Application that the learned trial Court has dismissed her complaint
without lawful justification. By stating so, she has sought for prosecution of
the private respondents for having committed the above said incident.
4. Learned APG by supporting the impugned order has
sought for dismissal of instant Cr. Revision Application.
5. I have considered the arguments advanced by learned
APG for the State and pursed the record.
6. None indeed has seen the private respondents
committing the death of the deceased, the cause of death of the deceased after
exhuming of his dead body as per impugned order has remained unascertainable,
the direct complaint has been filed with the considerable delay to the
incident. In these circumstances learned trial Court was right to dismiss the
direct complaint of the applicant/complainant by making an observation that the
applicant/complainant has failed to make out prima-facie case, such order
obviously is not calling for any interference by this Court by way of instant
Cr. Revision Application. It is dismissed accordingly.
Nasim/P.A