ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Criminal Revision Application No. S-15 of 2021.

 

Date

               Order with signature of Judge

 

1.       For orders on office objection.

2.      For Orders on MA No. 1412/2021.

3.      For hearing of main case.

4.      For Orders on MA No. 1413/2021.

 

20-05-2021.

 

            Mr. Tariq G.Hanif Mangi, Advocate for the applicant.

.-.-.-.-.-.-.-.-.-.-.-.

            The applicant by way of instant Revision Application has challenged the order dated 30-01-2021 passed by learned Special Judge Anti-Corruption (P), Sukkur Division @ Sukkur, whereby his direct complaint was dismissed u/s 203 Cr.P.C.

            It is contended by learned counsel for the applicant that the proposed accused in collusion with each other have tempered with revenue record by preparing false and fake “Ghat Wadh” forms and “Soorathal” in revenue record by producing fake person, therefore they are liable to be prosecuted for such offence. By contending so, he sought for setting aside of impugned order with direction to learned trial Court to take cognizance of the above said offence against the proposed accused.

            I have considered the above arguments and perused the record.

 

            As per section 195 (1) (c ) Cr.P.C  the cognizance of the offence relating to documents being false or otherwise could only be taken on a complaint lodged by the Court, where it is used and declared to be false or tempered with or by some other Court to which such Court is subordinate. If it is believed that the “Ghat Wadh” forms and “Soorathal” the subject document of the instant litigation being part of revenue record have been tempered with by the proposed accused in collusion with each other, even then the cognizance of such offence could not be taken at the instance of an individual. In these circumstances, learned trial Court was right to dismiss the direct complaint of the applicant being contrary to the mandate of above said provision of law by way of impugned order, which is not calling for any interference by this Court, by way of instant Crl. Revision Application. It is dismissed in limine.

                                                                                                                     JUDGE

Nasim/P.A