IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Appeal No. 223 of 2021

Appellant: None present for Muhammad Khan

Respondent Nos.4-10: Through Mr. Ghulam Muhammad Khan Jadoon advocate

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

Date of hearing: 21.11.2022

Date of Judgment: 21.11.2022

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 appellant filed a direct complaint for prosecution of the private respondents under provisions of Illegal Dispossession Act, 2005, it was brought on record, subsequently the private respondents were acquitted under Section 265-K Cr.P.C by learned II-Additional Sessions Judge, Karachi West vide order dated 13.04.2021, which is impugned by the appellant before this Court by preferring the instant appeal, it was admitted to its regular hearing but is not being pursued by the appellant or his counsel since long, therefore, it is being disposed of on merits, after hearing learned DPG for the State and learned counsel for the respondents No.4 to 10 as same cannot be kept pending on file of this Court for want of appearance of the appellant or his counsel for an indefinite period.

2. Learned DPG for the State and counsel for the respondents No.4 to 10 by supporting the impugned order.

3. Heard arguments and perused the record.

4. Admittedly, the civil litigation between the parties over the subject property is pending before the Court having jurisdiction and it is observed by learned trial Court in the impugned order that the appellant has tried to transform the civil litigation into criminal one and nothing has been brought on record by him, which may suggest that the private respondents are belonging to Qabza group and are land grabbers. By making such observations, learned trial Court has ordered acquittal of the private respondents by way of impugned order, which is not found to be illegal to be interfered with by this Court by way of instant appeal, it is dismissed accordingly.

JUDGE