IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Rev. Application No. S- 128 of 2016

For hearing of main case.

17-09-2018

Mr. Muhammad Asim Malik Advocate for applicant.

Mr. Nusrat Hussain Memon Advocate for respondents No.1 to 3.

Mr. Zulfiqar Ali Jatoi, Additional P.G for the State.

O R D E R

AMJAD ALI SAHITO J., Applicant has challenged the validity of order dated 22.10.2016, passed by learned Additional Sessions Judge, Moro, whereby complaint No.20 of 2016 filed by applicant against Shah Nawaz and others under sections 3&4 of Illegal Dispossession Act, 2005 was dismissed.

2. Learned counsel for applicant submits that the applicant is real owner of survey Nos. 509, 645, 691, 225 and 658 situated at Deh Daichand Taluka Moro and as per report of SHO, P.S, Moro that he came to know that respondents have illegally trespassed the land of the applicant and forcibly occupied the same. Such report is also supported by Mukhtiarkar (Revenue), Moro.

3. On the other hand, learned counsel for the respondents submits that respondents have not illegally occupied the land. Actually, the land has been granted by the respondents by Barrage Mukhtiarkar which is in accordance with law.

4. Learned APG for the State submits that impugned order passed by the trial court is an speaking one and if the applicant has still any grievance, he may file civil suit before the competent court of law.

5. I have heard learned counsel for the parties and perused the entire record. Record reveals that for the property in question, different documents have been produced by both the parties before the trail court showing different survey numbers. The documents of previous litigation between the parties also shows that there is dispute between the parties over the landed property. It is civil nature case which cannot be decided through criminal litigation.

6. Learned counsel for the applicant has failed to point out any illegality or irregularity in the impugned order passed by the trial court. Accordingly, instant Crl. Revision Application along with pending application stands dismissed.

J U D G E

Ahmad