Order Sheet

IN THE HIGH COURT OF SINDH,

BENCH AT SUKKUR

Cr. Appeal No. S – 78 of 2021

Date Order with Signature of Hon’ble Judge

Fresh case

1. For orders on MA No.5166/2021 (U/A)

2. For orders on office objection at flag ‘A’

3. For orders on MA No.5167/2021 (Ex.A)

4. For hearing of main case

04.10.2021

Mr. Shoukat Ali Phull Advocate along with Applicant

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It is contended by learned counsel for the applicant/complainant that the proposed accused have committed a cognizable offence, as such the direct complaint was filed, in which it was stated that the proposed accused have taken-away 25 Buffaloes, 60 Goats, 05 Cows, 03 motorcycles and 25 Tolla gold including other house hold articles.

When confronted with the fact that either the applicant/complainant has produced any proof or receipt regarding the ownership of the aforesaid robbed property, learned counsel has failed to give any satisfactory reply. The perusal of record further reveals that statement of witness Muhammad Aslam was recorded u/s 202 Cr.P.C, in which he has stated that the private respondents have also taken-away 350 mauds of wheat including Almirah, Boxes etc., and no such receipt or proof has been placed on record showing that the alleged robbed property was owned by the applicant/complainant. In such situation, the statement of the applicant/complainant Imtiaz Ali and his witnesses namely Muhammad Aslam and Ayaz Ali cannot be believed as truthful. Apart from above, the impugned order has been passed on 25.03.2019 while the applicant/complainant has filed the instant appeal on 16.09.2021 with considerable delay for which no valid or convincing explanation has been furnished by the applicant/complainant. In the circumstances, the learned Additional Sessions Judge, Mirwah while passing the impugned order dated 25.03.2019 has committed no illegality or irregularity, hence the same does not call for any interference by this Court. Consequently, the instant criminal Appeal is dismissed in limine along with listed applications.

Judge

ARBROHI