ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl. Revision Appln.No.S-114 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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01. For orders on M.A.No.91/2022 (U/A).

02. For orders on office objection “A”.

03. For hearing of main case.

17.01.2022

                        Mr. Habibullah Ghouri, Advocate for the applicant.

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1.                     Urgency granted.

2 & 3.              The facts in brief leading to passing of instant order are that a direct complaint filed by the applicant was brought on record and then was dismissed on account of his non appearance; subsequently, the applicant filed another direct complaint on same cause of action, it was dismissed by learned Special Judge, Anti-Corruption (Provincial), Larkana, vide order dated 01.12.2021, which the applicant has impugned before this Court by preferring the instant Crl.Revision Application.

                        It is contended by learned counsel for the applicant that the second direct complaint on same cause of action is maintainable, therefore, learned trial Court was under lawful obligation to have taken cognizance whereof, therefore, the impugned order being illegal is liable to be set aside.

                        Heard and perused the record.

                        Admittedly, the direct complaint filed earlier by the applicant was dismissed for non prosecution for his non appearance obviously under section 247 Cr.PC, such dismissal amounts to acquittal of the accused involved therein; such dismissal order has been accepted by the applicant by not challenging it in any manner, therefore, the filing of another direct complaint on the same cause of action could hardly be justified. In these circumstances, learned trial Court was right to record dismissal of second direct complaint of the applicant on same cause of action by way of impugned order, which is not found to be illegal to be interfered with by this Court by way of instant criminal revision application; it is dismissed in limine.

                 JUDGE