ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Crl. Revision.  Appln.  No.S-46 of 2020.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

01. For orders on M.A.No.4265/2020(E/A).

02. For hearing of main case.

04.03.2022.

                   Mr. Sarfraz Khan Jatoi, Advocate for the applicant.

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

                                                -.-.-.-.-.-

                   The facts in brief necessary for disposal of instant criminal revision application are that the applicant filed a direct complaint for prosecution of private respondents u/s.3/4 of Illegal Dispossession Act, 2005, allegedly for having dispossessed him from the subject land. It after due inquiry was dismissed by learned 3^rd Additional Sessions Judge, Shikarpur, vide order dated 07.09.2020, which is impugned by the applicant before this Court by preferring the instant criminal revision application.

                   It is contended by learned counsel for the applicant that learned trial Court has passed the impugned order in slipshod manner without considering the material which was brought on 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 by supporting the impugned order has sought for dismissal of the instant criminal revision application.

                   I have considered the above arguments and perused the record.

                   As per impugned order, the subject land is owned by father of the applicant and eight others and it has not yet been partitioned officially. The applicant has not been able to disclose the actual date of his dispossession from the subject land. Nothing has been brought on record by the applicant, which may suggest that the private respondents are land gabbers. The applicant obviously is having a civil remedy. In these circumstances, learned trial Court was right to dismiss the direct complaint of the applicant, by way of impugned order, which is not calling for any interference by this Court by way of instant criminal revision application; it is dismissed accordingly together with listed application.      

JUDGE