IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Revision Application No. S-118 of 2019.

Date	Order with the signature of Judge

Date of hearing: 13.01.2020.

Mr. Nadeem Ahmed Malik, Advocate for the applicant.

Mr. Imran Mubeen Khan Asstt: P. G for the State.

O R D E R

ZULFIQAR ALI SANGI, J; Through instant Crl. Revision Application, applicant Mst. Sat Bhai has challenged the order dated: 15.10.2019 passed by learned Additional Sessions Judge, Mirwah whereby Private complaint No.33/2019 filed by her was dismissed.

2. The facts in a nutshell as depicted in the complaint filed by the applicant are that matrimonial dispute exists between the accused and her brother-in-law to which they annoyed and used to issue threats of abducting the girls. On 03.10.2017 after taking night meals complainant along with her husband Zaheer Ahmed, daughter Mst. Sasui, son Aslam and other family members were present in the house, electricity bulbs were on, it was about 08:00 p.m night all of sudden they saw and identified accused Naveed Ahmed with hatchet, Liaqat Ali with iron road (now he is expired) Arshad with hatchet, Zulfiqar, Parvez with guns, Raju, Asif with rifles along with three unidentified culprits forcibly entered into the house of complainant and issued threats to kidnap her daughter saying so, accused Naveed and Liaqat caught hold Mst. Sasui and attempted to kidnap her to which husband of applicant resisted. Accused Naveed and Liaqat caused hatchet and Iron rod blow to him on his head, blood was oozing and he has fallen on the ground. Accused Arshad also caused hatchet blows to complainant on her head and blood was oozing other accused also gave butt blows to other family members, complainant party raised cries on their cries Ilyas son of Abdul Karim and other villagers came running they also saw and identified the accused all the accused on seeing them left the daughter of applicant in the house and ran away from the spot. Thereafter, a complainant with the help of PWs shifted injured Zaheer Ahmed to Civil Hospital, Khairpur for treatment where he succumbed to the injuries and died. Complainant narrated such facts to concerned SHO but he flatly refused. She filed an application before Justice of Peace Khairpu and the same was dismissed and such order was assailed before this court in Cr. Misc: Application which subsequently was not pressed. The applicant then filed private Complaint U/S 200 Cr. P.C which was dismissed vide the impugned order dated: 15-10-2019. Hence this Revision application.

3. Learned Counsel for the applicant, inter alia, contended that the impugned order passed by learned Additional Session Judge Mirwah is against the law and is based upon misreading and non-reading of the facts; that complainant and witnesses fully supported the case; that complaint was dismissed by the trial court only based on the first FIR; that accused person committed a heinous offence of murder; that law does not support the practice that complaints are to be dismissed on technical grounds but law supports that the same are to be decided on merit after recording evidence. Lastly, he prayed that order passed by the additional Session judge Mirwah may be set-aside and he may be directed to proceed with the matter on merits.

4. Conversely, Learned Deputy Prosecutor General has supported that impugned order and prays that the revision filed by the applicant may be dismissed.

5. Heard arguments of learned Counsel for the parties and perused the record with their able assistance.

6. The brother of the applicant/ complainant has already lodged the FIR bearing crime No: 245/2017 of the same offence and the same FIR after the investigation was challaned in which the present applicant/complainant was shown as the witness of the incident. Learned counsel for the applicant pointed out that in such case the evidence of the present applicant was recorded by the trial court, wherein she fully supported the case of the prosecution.

7. The record reflects that the present applicant/complainant filed Cr. Misc. Application for registration of FIR before the learned Session Judge/ Justice of peace and the same was dismissed vide order dated: 08-11-2017, applicant assailed the same order before this court by filing Cr. Misc. Application No: S-1164 of 2017 which was not pressed by the applicant and was dismissed as not press vide order dated: 18-01-2019.

8. The complaint of the applicant was dismissed by the trial court because the case has already been registered as FIR No: 245/2017 and the applicant is one of the witnesses, she did not claim any allegations against the police officials that first FIR was not registered properly and her statement was not recorded properly. The applicant filed Misc: application for registration of FIR on the same narration with a slight difference regarding the same murder. The rival party has also lodged FIR crime No: 234/2017 under section 302/34 PPC on the complaint of one Arshad Ali (one of the propose accused in the present application) and She is witness in FIR case and her grievance can easily be redressed by examining her during trial in that FIR, so cognizance could not be taken in present complaint, which will seriously prejudice the case of prosecution already under trial and official witnesses have been examined in that case.

9. It is a well-settled principle of law that in cases of private complaints about the same offences FIRs were registered than at the stage of preliminary inquiry material is to be assessed tentatively and entire evidence not to be discussed as the same may prejudice the case of either party before the trial court in the state case. The same situation is available in the present case as the state case based on FIR of the same incident is being proceeded before the trial court and the present applicant is a witness in the said state case and according to the counsel for applicant evidence of the applicant has already been recorded in the stat case.

10. Based on the above discussion and legal position I am of the firm view that the impugned order passed by learned Additional Sessions Judge, Mirwah does not require interference by this Court. Accordingly, the instant revision application is dismissed. These are the reasons for my short order dated 13.01.2019 whereby revision application was dismissed.

J U D G E