ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

 

Crl: Revision  Application No.S-  54       of 2014

 

DATE                                     ORDER WITH SIGNATURE OF HON’BLE JUDGE

 

 

FOR KATCHA PESHI.

 

04th. September, 2015.

 

 

                                    Mr. Zulfiqar Ali Jatoi, D.P.G for State.

 

                                    Mr. Mehboob Ali Wassan, Advocate for

Respondents No.2 & 3.

 

 

                        Applicant and his Counsel called absent, no intimation received. On last date of hearing also no one was in attendance on behalf of applicant. Learned Counsel for respondents No.2 & 3 submits that instant criminal revision application is misconceived,  and is not maintainable as the impugned order dated 02.6.2014 passed by learned 1st. Additional Sessions Judge, Khairpur Mir’s in Criminal Complaint No. 19 of 2012 does not suffer from any error or illegality. According to learned Counsel for respondents  through impugned order and in view of continuous absence of the complainant and his witnesses for a period of about two years, the case has been kept as dormant file, whereas, the applicant is at liberty to approach the learned trial Court and proceed the matter if he so desires.

 

                        Learned D.P.G for State supports such contention of learned Counsel for respondents and submits that instant criminal revision is misconceived on facts and law and liable to be dismissed.

 

                        From perusal of the impugned order, it appears that after having filed a complaint under Illegal Dispossession Act, 2005 in respect of subject house for which F.I.R was already registered by same complainant, in which according to learned Counsel for the respondents, the respondents have been duly acquitted. Whereas, it appears that applicant is dragging the respondents in false proceedings and is even not proceeding with the case for about two years without any reasonable excuse. Even before this Court, the applicant and his Counsel have not remained vigilant to pursue their remedy. Accordingly, this Court has left with no other option except to dismiss the instant criminal revision application for              non-prosecution.  However, the applicant is at liberty to approach the trial Court in accordance with law.

 

JUDGE

 

 

A.R.BROHI