IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Criminal Rev. Application No. S-127 of 2021.

Date	Order with signature of Judge

Fresh case.

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

2. For orders on MA NO.6667/2021

3. For hearing of main case.

31.03.2022.

None present for the applicant, no intimation received.

2. Through this Criminal Revision Application, the applicant has impugned order dated. 05.10.2021 passed by learned 3^rd Additional Sessions Judge Khairpur in criminal complaint No. 83 of 2021 wherein criminal complaint under sections 3, 4, 7 and 8 of Illegal Dispossession Act, 2005 was dismissed in limine.

3. From perusal of record it reflects that after filing of the criminal complaint reports were called from SHO Police Station Kumb as well as Mukhtiarkar (Revenue) Taluka Kotdiji. SHO of Police Station concerned made spot enquiry, recorded statements of villagers and came to know that the agricultural land shown in the survey numbers mentioned in the complaint are in possession of private respondents Imtiaz Hussain and they are cultivating and enjoying the produce of the land while Mukhtiarkar concerned has reported that fouti khatas of the land in question were changed and various entries were kept in the revenue record. It has also been brought on record that respondents Imtiaz Hussain and others have also filed F.C suit No.63 of 2020 which is pending adjudication before the court of learned 2^nd Senior Civil Judge Khairpur.

4. I have perused the impugned order carefully and perused the material brought on record. Relevant para No.4 thereof is re-produced as under:

“ 4. The applicant herein has failed to show that before filing this petition,  concerned higher police officer was moved for the registration of FIR. It floats on record that before alleged incident, there was dispute between parties. Petitioner has approached this office with certain unexplained delay and the story of the incident narrated in the petition is not only vague and short of material particulars but it was hardly believable. Besides, petitioner has failed to cite any independent witness of the incident. Finally, police have also belied the truth of the offence alleged in the petition. Above all, it is common practice in the locality that people in order to settle the old scores with their rivals or to resolve civil dispute often bring up criminal proceedings with the concocted and/or exaggerated stories”. 

5. In view of above, I find no illegality or irregularity while passing the impugned order and the same does not requires any interference, therefore the instant Criminal Revision Application stands dismissed.

Judge

Irfan/P.A