IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Criminal Revision Appln. No. S- 02 of 2016.

Applicants: 1). Dr.Bhagwandas s/o Menghraj Mal Pathai,

                                      2). Dr.Bhagwant Devi w/o Dr.Bhagwandas,

Through Mr.Muneer Ahmed Khokhar, Advocate

Respondents No.3 to 7:  Through Mr.Shakeel Ahmed Abro, Advocate     

Respondents No.8 to 10: Through Mr.Zamir Ali Shah, Advocate 

The State:                         Through Mr.Aitbar Ali Bullo, D.P.G.

Date of hearing:                30-01-2023      

Date of decision:                09-02-2023

O R D E R

ZULFIQAR ALI SANGI, J:- The instant criminal revision application impugns an order dated 16.10.2015, passed by learned 5^th Additional Sessions Judge, Larkana in Criminal Complaint No.26/2013 (Re. Dr. Bhagwandas and another Vs. Haji Menhal Khan Jatoi & others), whereby a criminal complaint filed by the applicants/complainants under 3 & 4 of Illegal Dispossession Act, 2005 was dismissed.                                                                                                                                                                                                                                                                                                                                                                                                                                                                              .

2.       The concise facts leading to disposal of instant Criminal Revision Application are that the applicants/complainants filed a criminal complaint against the respondents for having illegally dispossessed them from their landed property bearing Survey No.52, area measuring 01-14 acres and Survey No.53, area measuring      01-21 acres and others, situated in Deh Wah Nabi Bux, Tapo Abra (Bakapur), Taluka and District Larkana and thus committed an offence punishable Under Section 3 & 4 of Illegal Dispossession Act, 2005.

3.       Heard learned counsel for the applicants/complainants, learned counsel(s) for respondents No.3 to 7 and 8 to 10, learned D.P.G for the State and perused the material made available on record with their able assistance. The former has prayed for setting aside of the impugned order by reiterating the same grounds of his criminal revision application and also produced certain documents in support of their claim, while latter(s) by supporting the impugned order have prayed for dismissal of the instant criminal revision application adding that no any illegality has been committed by learned trial Court in the impugned order which could be interfered by this Court.

4.       The factual controversy involved in the lis is that some of the private respondents being co-owners in collusion with others have illegally dispossessed the applicants/complainants from land in question which obviously is un-partitioned joint land and then have constructed BYCO Petrol Pump thereupon under the instructions of respondent No.1. Even otherwise, the specific location of complainant’s share is undefined by the applicants/complainants meaning thereby, they cannot claim any corner or location from the entire area before its demarcation. Apparently, the civil litigation on the disputed property is still pending adjudication before this Court which is apparent from C.P.No.771/2011 and C.P.No.D-335/2012. Further, the perusal of memo of C.P.No.D-771/2011 reflects that the applicants are seeking partition of the disputed survey numbers which are the subject matter of this revision application and it is admitted by them that the property is not yet partitioned, those petitions are almost based on the same facts of criminal complaint filed by the applicants under the Illegal Dispossession Act, 2005. Be that as it may, if the contentions of applicants/complainants are believed to be true then the applicants/complainants prior to filing of a criminal complainant must have invoked the revenue forum for demarcation of the disputed land and then to have approached learned trial Court for the needful which they failed, in that situation, filing of a criminal complaint by the applicants/complainants is nothing but a mockery with law and wastage of precious time of the Courts. Consequently, I find no merit in the instant criminal revision application which is dismissed accordingly and the impugned order passed by learned trial Court being well reasoned, shall hold the field. 

             JUDGE