ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Revision Application No.S-87 of 2020.

1. For Orders on MA No. 7860/2020.

2. For Orders on office objection.

3. For Orders on MA No. 7861/2020.

4. For hearing of main case.

29-12-2020.

Mr. Rab Dino Makwal advocate for the applicant.

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1. Application for urgent hearing is granted.

2. Over ruled.

3. Exemption is granted subject to all just legal exceptions.

4. It is contended by learned counsel for the applicant that the applicant and others inherited the landed property left by their grandfather, subsequently fifty paisa of that landed property was transferred in father’s name of Bashir Ahmed @ Bashoo, though he was having no right of inheritance, therefore, the applicant approached Nizamuddin, a clerk of Municipal Committee Khairpur and Muhammad Ramzan Kotwar of revenue department Khairpur for cancellation of Khasra gridwari, which they promised to cancel subject to payment of rupees one lac, the applicant paid them rupees fifty thousand, yet they did nothing, therefore, the applicant after approaching Mukhtiarkar and Assistant Commissioner concerned, filed a direct complaint before Special Judge Anticorruption (Provincial) Sukkur Division @ Sukkur, which after preliminary enquiry has been dismissed by him vide his order dated 20-11-2020, same being illegal is liable to be set-aside with direction to Special Judge Anticorruption (Provincial) Sukkur Division @ Sukkur to take cognizance of the incident.

Heard. Perused record.

No date, time and place for alleged demand and acceptance of bribe by Nizamuddin and Muhammad Ramzan is disclosed by the applicant, they even otherwise being employees of Municipal Committee Khairpur and Kotwar in the revenue department have nothing to do with the cancellation of Khasra gridwari, such function involving determination right of ownership/inheritance, if any, could only be exercised by Civil Court having jurisdiction. In these circumstances learned Special Judge Anticorruption (Provincial) Sukkur Division @ Sukkur was right to dismiss the direct complaint of applicant u/s 203 Cr.P.C by way of impugned order, which is not calling for any interfering by this Court by way of instant revision application. It is dismissed in limine.

Judge

Nasim/P.A