Order Sheet

IN THE HIGH COURT OF SINDH,

BENCH AT SUKKUR

Cr. Revision Appln. S – 29 of 2021

Date Order with Signature of Hon’ble Judge

Hearing of case

1. For orders on office objection at flag ‘A’

2. For hearing of main case

(Notice issued)

02.09.2021

Mr. Achar Khan Gabol Advocate for the Applicant

Mr. Zulfiqar Ali Jatoi, Additional PG for the State

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Through instant Criminal Revision Application, the applicant has impugned the order dated 05.03.2021 passed by learned Special Judge, Anti-Corruption (Provincial), Sukkur, whereby the direct complaint filed by the applicant was dismissed.

2. Learned counsel for the applicant submits that the respondents have committed a criminal offence, therefore, they are liable to be prosecuted under the law; that there was sufficient material brought on record during preliminary enquiry by the complainant and his witnesses, therefore, the direct complaint ought to have been brought on record; that the learned trial Court has not considered the material brought on record, but in a hasty manner has passed the impugned order, which is liable to be set-aside.

3. On the other hand, the learned Additional PG for the State supported the impugned order by contending that mere oral version of the complainant and witnesses is not sufficient to believe that the respondents have committed a criminal offence, therefore, he prayed for dismissal of the instant criminal revision application.

4. I have heard the learned counsel for the applicant and learned Additional appearing for the State and gone through the material available on record. It would be conducive to reproduce the relevant portion of the impugned order herein below;-

“The case of complainant, as appearing from memo of complaint as well as statement u/s 200 and 202 Cr.P.C, is regarding payment of bribe of Rs.300,000.00 but the statement of complainant and witness is silent on the material aspect including the denomination of the currency notes having allegedly paid. According to the report of Circle Officer, ACE Ghotki, the person namely Abdul Rahim was arrested on 28.07.2020 in injured condition after encounter of the police party with culprits and such FIR bearing No.210/2020 u/s 402, 324, 323, 393 PPC and FIR No.211/2020 u/s 25 of Sindh Arms Act have been registered at PS, ACE Ghotki; both these cases are said to be pending for adjudication before competent Court of Law. In these circumstances, I do not see any reason to take cognizance under Anti-Corruption Rules as it will amount to the disposal of FIR No.210/2020 and 211/2020 of PS A‑Section Ghotki which are already pending for trial before competent Court of law.

For the reasons, given in the preceding paragraph No.4, I am of the considered view that sufficient material is not available to proceed against the person complained of (accused), under Anti-Corruption Law, therefore, the present Direct Complaint No.25/2020, stands dismissed u/s 203, Cr.P.C.”

5. In view of the above, the learned trial Court has passed a speaking and well‑reasoned order which does not call for any interference by this Court, the impugned order dated 05.03.2021 is maintained. Consequently, the instant criminal revision application is dismissed.

Judge

ARBROHI