IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
Criminal Revision Application No.S-103 of 2017
Applicant: Shehzad
Muhammad Saleem Ansari, through Mr. Rajkumar D. Rajput, Advocate.
Respondents 1 to 9: Nemo.
State: Through Syed Sardar
Ali Shah, D.P.G.
Date of hearing: 27.09.2021.
Date of decision: 27.09.2021.
O
R D E R
Zulfiqar
Ali Sangi, J:
This Cr. Revision Application
has been filed against the order dated 24.10.2017 passed by 4th
Additional Sessions Judge, Mirpur Mathelo, in Direct Complaint No.09/2016
(impugned herein), filed under Section 200 Cr.P.C whereby learned Additional
Sessions Judge had dismissed the complaint under Section 203 Cr.P.C.
2. Learned counsel for the applicant, at the very outset, submits
that learned Additional Sessions Judge has passed the impugned order without
applying its judicial mind; besides against the facts of the case; that learned
trial judge has also not considered the preliminary enquiry report furnished by
the Magistrate nor were considered the statements of witnesses, according to
law. He lastly submits that prima facie case for taking cognizance is made out
but such complaint was dismissed by learned trial Court.
3. Learned DPG has contended that a well-reasoned order has been
passed by learned trial Court wherein each and every point of law has been elaborated
therefore he supports the impugned order and prayed for dismissal of instant Criminal
Revision Application.
4. I have heard learned Counsel for the Applicant as well as
learned DAG and have gone through the material available on record.
5. Perusal of record reflects that applicant has filed several
complaints against the Respondents as well as police officials; besides there
are several contradictions in their statements recorded during preliminary
enquiry. Earlier an application under Section 22 (6)(i) Cr.P.C was filed by
wife of applicant Mst. Sana Shehnaz, which was dismissed by learned Justice of
Peace by holding that application was filed with malafide intention and
ulterior motives in order to entangle the proposed accused persons in
litigation. Record further reveals that applicant has not filed license in
respect of gold consultant and conceal such fact from the Court. I have also
gone through the impugned order, which reflects that such order was passed with
care and caution; besides well-reasoned. No any illegality or infirmity has
been pointed out in the impugned order. Resultantly, this criminal revision
application is dismissed.
Judge
Faisal Mumtaz/PS