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.

 

                                                                                          Judge

 

 

Nasim/P.A