IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Revision Application No. 196 of 2022

  

         

Applicant:                     Muhammad Aslam through Mr. Kaleem Ali advocate

 

Respondents 1&2:        Haroon and Suleman through Mr. Irfan Ali advocate

 

The State:                      Through Mr. Abrar Ali Khichi, Additional Prosecutor General Sindh

 

Date of hearing:           06.06.2023

 

Date of judgment:        06.06.2023

 

 

J U D G M E N T

 

IRSHAD ALI SHAH, J.- It is the case of the applicant that the subject property was leased out to him in the year 1986, the portion whereof has illegally been occupied by the private respondents by dispossessing him therefrom. By maintaining such fact, he filed a direct complaint for prosecution of the private respondents for having committed an offence punishable under Section 3/4 of Illegal Dispossession Act, 2005, it was dismissed by learned VI-Additional Sessions Judge, Karachi South vide order dated 07.07.2022, which is impugned by the applicant before this Court by preferring the instant Criminal Revision Application.

          It is contended by learned counsel for the applicant that learned trial Court has passed the impugned order in slipshod manner without appreciating the real facts of the case by making an observation that there is dispute between the parties over civil side, therefore such order being illegal is liable to be set aside.

          Learned Addl. P.G for the state and learned counsel for the private respondents by supporting the impugned order has sought for dismissal of the instant Revision Application by contending that no offence as alleged by the applicant has taken place and he is intending to deprive his brothers from their legitimate right of inheritance over the subject property by involving them in criminal litigations. In support of their contention, they relied upon case of Habibullah and others vs. Abdul Manan and others (2012 SCMR 1533).

          Heard arguments and perused the record.

          The applicant and private respondents are brothers inter-se. As per the private respondents, the subject property being part of katchi abadi was owned/occupied by their father and after his death it was regularized and the applicant being elder of the family by taking advantage of them being minors got it leased out in his favour in a deceitful manner, they are in possession of the portion whereof since long and no dispossession of the applicant therefrom has taken place. Admittedly, a civil suit for declaration of their title with consequential relief has also been filed by the private respondents, which is pending adjudication before the civil court having jurisdiction. Nothing has been brought on record, which may suggest that the private respondents are land grabbers or members of land mafia. In these premises, learned trial Court was right to dismiss the direct complaint of the applicant by way of impugned order, it is not calling for any interference by this Court by way of instant Criminal Revision Application, it is dismissed accordingly.

JUDGE