THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Revision Application No.S-34 of 2021

Applicant:            Ghulam Qamber through Mr. Abdul Rahman A. Bhutto, Advocate.

Respondents:      Through Mr. Ali Raza Pathan, Advocate alongwith respondents No.1, 2, 3 and 6.

                            The State through Mr. Aitbar Ali Bullo, Deputy Prosecutor General, Sindh.

Date of hearing:  28.11.2022

Date of Order:     28.11.2022

O R D E R

AMJAD ALI SAHITO, J.- Through this Criminal Revision Application, applicant Ghulam Qamber son of Naseer Muhammad Sangi has impugned the Order dated 22.04.2021, passed by learned Additional Sessions Judge-VI, Larkana in Criminal Complaint No.13 of 2021 (Re- Ghulam Qamber v./s. Nisar and others), whereby Criminal Complaint was dismissed on the ground that the learned Trial Court did not find any merits in the case.

2.                Per learned counsel for the applicant, the complainant owned ancestral agricultural land bearing Survey No.576, 178 and 808 situated in Deh Mad Bahoo, Taluka Bakrani, which was illegal occupied by the accused/respondents No.1 to 6 and such F.C.Suit No.152/2014, filed by him was decreed in his favour vide Judgment and decree dated 08.08.2016, and in consequence of Execution, the possession of such land was handed over to him, but on 18.12.2020 at 12.00 noon, when the complainant alongwith his witnesses Ghulam Murtaza and Sumeer was present at said land, accused/respondents No.1 to 6 duly armed with deadly weapons came and occupied his said land by removing wheat crop forcibly through roller and expelled them from the land and issued threats of dire consequences in case they come on the said land. He further added that the complainant after unattended efforts to the Nekmards  of the locality lodged FIR  bearing Crime No.03/2021 at P.S Bakrani against the proposed accused, which was disposed of under “B” class and later disposed of under “C” class by learned Judicial Magistrate. He lastly prayed for setting aside the impugned order dated 22.04.2021.

3.                On the other hand, learned counsel for the respondents as well as learned Deputy Prosecutor General support the impugned order by stating that the same has been rightly passed and does not require any interference, hence the Criminal Revision Application may be dismissed.

4.      Heard and perused.

5.      From perusal of record it appears that the suit land was handed over to the complainant by way of execution and in case of once again illegally dispossessing from the said land he would have approached the Civil Court, but he filed FIR bearing Crime No.03/2021, offence u/s.447,427,147,148,149 PPC of P.S Bakrani after his being dispossessed from the said land, which was disposed of by the police under “B” class and then later-on cancelled by learned Judicial Magistrate under “C”  class and thereafter he has also filed a direct complaint before concerned Court on same score. It is further observed that in case of illegally dispossessing from the land in question, the complainant would have approached the Civil Court by exhausting appropriate remedy, who had passed Judgment and Decree in his favour, which he obviously has failed. It is well settled principle of law by the Honourable Supreme Court of Pakistan in various cases that no complaint could be entertained twice on same cause of action. In these circumstances, it seems that the learned Trial Court has rightly dismissed the Criminal Complaint of the applicant/complainant and passed well reasoned and a speaking order. Consequently, instant Criminal Revision Application merits no consideration and is dismissed accordingly.    

                                                        J U D G E

Manzoor