ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD

   Cr. Acq. Appeal No.S-101 of 2007.

DATE                            ORDER WITH SIGNATURE OF JUDGE

09.05.2011

          Mr. Abdul Sattar Kazi Advocate for Respondents

Syed Meeral Shah Deputy Prosecutor General Sindh

                             =

          This matter was taken on 20.03.2011 but nobody was present so it was adjourned to a date in office without any adverse order and again it was fixed on 02.05.2011 but nobody was present for the appellant and notice was repeated. Today again office note shows that notice has been served which fact is also transpiring from the report of ASI P.S. Tando Allahyar but inspite of service nobody is present for the appellant to proceed the matter. The learned trial court in the impugned Judgment has observed in paragraph 18 and 19 as under:-

“18. From above voluntarily statement of the complainant, it can easily be gathered that the complainant being Cumdar of Seth Saleemuddin has lodged the above F.I.R. and entangled 20 persons by leveling false allegations of causing injuries to him, whereas there is no medical record regarding injuries sustained by the complainant. P.Ws Becko, Ali Ghulam and Esso have also not deposed names of the present accused except Ahmed Ali.

19. In view of above discussion I am of the considered view that the complainant and P.Ws have failed to prove the charge against the present accused and from evidence brought on record, it appears that the complainant has falsely involved the accused in above case on account of enmity with Seth Saleemuddin. Accordingly the point No.1 is answered as doubtful”.

Keeping in view the aforesaid situation, it appears that the appellant has lost interest in the matter, therefore, this Criminal Acquittal appeal is dismissed for non prosecution.

                                                                                      JUDGE

A.K