ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Revision.Appln.No.D-12 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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Before:

Mr. Justice Irshad Ali Shah,

 Mr. Justice Shamsuddin Abbasi,

01. For orders on M.A.No.5986/2021 (U/A).

02. For orders on office objection “A”.

03. For orders on M.A.No.5987/2021 (E/A).

04. For hearing of main case.

02.11.2021

                        Mr. Gulsher Junejo, Advocate for the applicant.

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1.                     Urgency granted.

2 to 4.             The facts in brief necessary for disposal of instant criminal revision application are that after a long litigation on civil side, the applicant was restored with the possession of landed property, which  was taken back by the private respondents, after keeping the witnesses of the applicant under fear of death by pointing their guns at them, therefore, she lodged FIR of the above incident with P.S, Kubo Saeed Khan, District Qamber-Shahdadkot @ Qamber, copy whereof was transmitted under section 157 Cr.PC to learned Judge, Anti Terrorism Court, Larkana, who vide order dated 30.09.2021, returned the same to police to be presented together with the challan, if any, before the Court having jurisdiction, such order is impugned by the applicant before this Court by way of instant criminal revision application.

                        It is contended by learned counsel for the applicant that the case was involving the act of terrorism on the part of private respondents, therefore, the learned trial Court ought not to have returned the FIR to police for its presentation together with the challan, if any, before the Court having jurisdiction by way of impugned order, such order being illegal is liable to be set aside.

                        We have considered the above arguments and perused the record.

                        Issue of dispossession of the applicant from the landed property with criminal intimidation, if any, could hardly be said to be an act of terrorism, to be taken care by the Special Court constituted under Anti Terrorism Act, 1997. In these circumstances, learned trial Court was right to return the subject FIR to police with direction to be presented together with challan, if any, before the Court having jurisdiction; by way of impugned order, which is not found to be illegal or cursory to be interfered with by this Court, by way of instant criminal revision application, it is dismissed in limine. 

JUDGE

    JUDGE