IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Appeal No. 201 of 2022

Appellants: Nemo for Samina Junaid and Hassan Mushtaq Khan

Respondent No.1: Nemo for Muhammad Ismail

The State: Through Mr. Faheem Hussain Panhwar, Deputy Prosecutor General Sindh

Date of hearing: 28.10.2022

Date of judgment: 28.10.2022

J U D G M E N T

IRSHAD ALI SHAH, J- The facts in brief necessary for disposal of instant appeal are that the appellants filed a direct complaint for prosecution of the private respondent under the provisions of Illegal Dispossession Act, 2005, it was dismissed by learned Additional Sessions Judge-III, Karachi East, vide order dated 25.02.2022, which is impugned by the appellants before this Court by preferring the instant appeal, which now is not being pursued by them even paper books charges have not yet been deposited by them necessary for proceeding with the instant appeal further, same as such could not be kept pending on file of this Court at the cost of its precious time, therefore, learned DPG for the state was called upon to assist the Court for disposal of the instant appeal on merits, who by supporting the impugned order, has sought for its dismissal by contending that the dispute between the parties is of civil nature and no element of land grabbing or illegal dispossession is involved, which could have justified learned trial Court to have taken the cognizance of the offence.

2. Heard arguments and perused the record.

3. The perusal of record reveals that the dispute between the parties is of civil nature, which the appellants are intending to convert into criminal one. Perhaps in these circumstances, learned trial Court dismissed the direct complaint of the appellants by way of impugned order, which is not found to be illegal or arbitrary or cursory, to be interfered with by this Court, by way of instant appeal, it is dismissed accordingly.

JUDGE