ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Crl. Revision.  Appln.  No.S-68 of 2019.

         

DATE

OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

 

 

For hearing of main case.

07.03.2022.

                   Mr. Shaikh Waheed Ahmed, Advocate for applicants.

Mr. Tariq Shabir Memon, Advocate for private respondents.

                   Mr. Ali Anwar Kandhro, Addl.P.G for the State.

 

                                                -.-.-.-.-.-

                  

                   The applicants have impugned order dated 12.10.2019, passed by learned 5th Additional Sessions Judge, Shikarpur, whereby the direct complaint filed by the applicants for prosecution of the private respondents under provision of Section 3/4 of Illegal Dispossession Act, 2005, was dismissed.

                   It is contended by learned counsel for the applicants that learned trial Court has dismissed the direct complaint of the applicants by way of impugned order, without considering the material brought on the record; therefore; such order being illegal is liable to be set aside with direction to learned trial Court to take cognizance of the offence.

                   Learned Addl.P.G for the State and learned counsel for the private respondents by supporting the impugned order have sought for dismissal of the instant criminal revision application.

                   I have considered the above arguments and perused the record.

                   The actual date of dispossession from the subject land, allegedly by the private respondents, the applicants have not been able to disclose in their direct complaint. The parties are litigating with each other on civil side since long. Nothing has been brought on record which may suggest that the private respondents are land-grabbers. In these circumstances, learned trial Court was right to dismiss the direct complaint of the applicants by way of impugned order, which is not calling for interference by this Court.

                   In view of above, the instant criminal revision application is dismissed accordingly.         

                                                                                                     JUDGE