IN THE HIGH COURT OF SINDH, KARACHI

Criminal Acquittal Appeal No. 432 of 2020

Appellant: Nemo for Imran Khan

Respondent No.1: Nawab Saleem in person

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

Date of Hearing: 10.11.2022

Date of Judgment: 10.11.2022

J U D G M E N T

IRSHAD ALI SHAH, J-. The facts in brief necessary for disposal of instant acquittal appeal are that the appellant filed a direct complaint for prosecution of the private respondent under the provisions of Illegal Dispossession Act, 2005, it was brought on record; the private respondent joined the trial and subsequently on filing of an application under Section 265-K Cr.P.C, he was acquitted by learned trial Court vide order 11.03.2020, which is impugned by the appellant before this Court by way of instant acquittal appeal, which was time-barred, yet was admitted to its regular hearing, after such admission, it is not being pursued by the appellant or his counsel since long for no obvious reason, same as such, could not be kept pending on file of this court at the cost of its precious time, for want of appearance of the appellant or his counsel, therefore, it was decided to be disposed on merits after providing chance of hearing to learned D.P.G for the State and private respondent in person, they have supported the impugned order by contending that it is well-reasoned.

2. Heard arguments and perused the record.

3. It is observed by learned trial Court in impugned order that the dispute between the parties is appearing to be of civil nature which the appellant has tried to convert into criminal by managing the rent receipts and there is no probability of conviction of the private respondent. By making such observation, learned trial Court has recorded the acquittal of the private respondent by way of impugned order, which is not appearing to be arbitrary, cursory or illegal to be interfered with by this Court by way of instant acquittal appeal, it is dismissed accordingly.

J U D G E