IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl. Revision Appln.No.S-06 of 2022

Applicant: Mst.Razia Sultana w/o Nadir Ali Shaikh

Through Mr.Suhail Ahmed Veesar, Advocate

Respondents No.1 to 4:  Through Mr.Ajmair Ali Bhutto, Advocate

The State:                         Through Mr.Ali Anwar Kandhro, Addl.P.G.

Date of hearing:                09-02-2023      

Date of decision:                09-02-2023

O R D E R

ZULFIQAR ALI SANGI, J:- The listed criminal revision application impugns an order dated 28.12.2021, passed by learned 1^st Additional Sessions Judge/MCTC, Kamber, in Criminal Complaint No.69/2021 (Re. Mst. Razia Sultana Vs. Fida Hussain and others), whereby a Criminal Complaint filed by the applicant/complainant Under Section 3, 4 & 5 of Illegal Dispossession Act, 2005 was dismissed in limine.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      .

2.       The concise facts leading to disposal of instant Criminal Revision Application are that the applicant/complainant filed a Criminal Complaint against the private respondents being her farmers and four unknown persons, for having illegally dispossessed from her landed property bearing Survey No.37/1, (01-15) and Survey No.54, area measuring (0-23) Ghuntas, situated in Deh Cheelo, Taluka Miro Khan and thus committed an offence punishable Under Section 3, 4 & 5 of Illegal Dispossession Act, 2005.

3.       Heard learned counsel for the applicant/complainant, learned counsel for respondents No.1 to 4, learned Addl.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 produced certain documents in support of applicant’s claim, while latter(s) by supporting the impugned order have sought 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 meticulous perusal of record reflects that there is no denial to the fact that the applicant is lawful owner of the land in question which according to the private respondents, they have purchased from the applicant for sale consideration but it is denied by the applicant and such denial on the part of applicant makes the status of the private respondents over the disputed land to be of encroachers, which amounts to dispossession of the applicant from her landed property. In this context, the reliance is placed upon     case of Shaikh Muhammad Naseem v. Mst.Farida Gul            (2016 SCMR-1931), wherein the Hon’ble Supreme Court of Pakistan has held that;

“Whosoever committed the act of illegal dispossession, as described in the said Act against a lawful owner or a lawful occupier, he could be prosecuted under its provisions without any restriction irrespective of pendency of civil litigation”.  

5.       Over and above this, the SHO and Mukhtiarkar concerned in their reports have also affirmed the factum of illegal dispossession at the hands of private respondents. In that situation, learned trial Court was not right to decline taking cognizance of the offence in the said complaint. 

6.       For what has been discussed above, the impugned order of learned trial Court dismissing the Criminal Complaint of the applicant could not be sustained, it is set aside. Consequently, the case is remanded to learned trial Court with direction to pass afresh and appropriate order in accordance with law, after providing chance of hearing to all the concerned.

7.       The instant criminal revision application is disposed of in above terms. 

             JUDGE