IN THE HIGH COURT OF SINDH, CIRCUIT COURT,

LARKANA

Crl. Revision Appln. No. S-  28 of 2022.

Muhammad Saleem Khan.                                                  …………...Applicant.

Versus

Tarique & others.                                                                 ……..….Respondents.

            Messrs Zaib Hussain and Muhammad Sharif Lashari, Advocates

for the applicant.

Mr. Ali Anwar Kandhro, Additional Prosecutor General.

Date of hearing:                    02.03.2023.

Date of order:                       02.03.2023.

ORDER

Zulfiqar Ali Sangi, J- Through this revision application, applicant Muhammad Saleem Khan has assailed the order dated 16.4.2022, passed by learned 3^rd Additional Sessions Judge,  Shikarpur, whereby the learned Judge has dismissed a complaint, filed by the applicant under provisions of Illegal Dispossession Act, 2005.

            Learned counsel submits that the complaint was dismissed mainly on the ground that civil suit is pending before the parties. He further submitted that though civil suit is pending, inspite of that criminal complaint under Illegal Dispossession act was maintainable and it was wrongly dismissed by learned trial Court. He relied upon case of Muhammad Ramzan alias Jani v. Muhammad Aslam and others (2007 P.Cr.L.J- 1784).

            Learned D.P.G. appearing for the State supported the impugned order.

            Heard learned counsel for the applicant and learned D.P.G. and perused the material available on record.

            Perusal of the impugned order reflects that the learned trial Court has dismissed the complaint on following reasons:

                        “From bird’s eye view of the available record, it has come on the surface that Mukhtiarkar Taluka Khanpur has reported that according to entry No.91 of VF VII-B, Deh Mirza Wah, the SurveyNo.102 (1-35) acres along with other survey numbers are entered in favour of Khalid Khan, Saleem Khan (complainant), Jamil Khan, Mst. Fareeda, Mst. Raisa, Mst. Kaniza and Mst. Akbari. Per same report, the complainant Muhammad Saleem had sold out his share out of survey No.102 to various persons and respondent Tariq Baloch and others had privately purchased area from survey No.930 which is adjacent to survey N.102 and no boundaries of survey numbers were available at the site. The SHO P.S Khanpur has reported that the complainant and his family members are owners of subject plot and proposed accused had purchased the said plot from Nabi Bux Brohi and Abdul Qudoos Brohi and constructed shops thereon. Per same report, the proposed accused had neither assaulted upon complainant party, nor illegally dispossessed him from the plot and a civil suit is also pending between both parties. The complainant himself has mentioned in the instant complaint that a F.C. Suit no.43/2022 in respect of same property is lying pending in the Court of learned 1^st Senior Civil Judge Shikarpur. In this view of the matter, I am of the considered view that the ingredients of Illegal Dispossession Act, 2005, are totally missing in this matter. However, the complainant is at liberty to pursue his civil suit which is lying pending before learned 1^st Senior Civil Jduge, Shikarpur.”

            In view of findings of learned trial Court, no illegality or infirmity seems to have been committed by it while passing the impugned order, which does not call for any interference by this Court in revisional jurisdiction. Resultantly, this criminal revision application is hereby dismissed.

                                                       Judge

Ansari