ORDER SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl. Revision Appln. No.S-111 of 2021.

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DATE                   ORDER  WITH  SIGNATURE  OF  HON’BLE  JUDGE

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01. For orders on office objection “A”.

02. For orders on M.A.No.9010/2021.

03. For hearing of main case.

03.04.2023

                        Mr. Abdul Rehman Bhutto, Advocate for the applicant.

                        Mr. Ali Anwar Kandhro, Addl.P.G for the State.

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IRSHAD ALI SHAH, J.-    It is the case of prosecution that the private respondent allegedly was found in possession of an unlicensed pistol of 30 bore with magazine containing two live bullets which he used for making fires at police party of P.S Khanpur with intention to commit his murder, for that he was booked and reported. On conclusion of trial, he was acquitted by learned 5^th Additional Sessions Judge, Shikarpur, vide judgment dated 25.10.2021, while recording such acquittal, he served the applicant being complainant of the above said case with notice under Section 250 Cr.PC to show cause as to why the proceedings under Section 209/211 PPC should not be taken against him for initiating false/frivolous/vexatious accusation against innocent person. The reply furnished by the applicant was found unsatisfactory; consequently, he was directed to pay compensation of Rs.50000/- to the private respondent in case of his failure to do so, the same was directed to be recovered from him as arrears of land revenue, vide order dated 08.11.2021, which is impugned by the applicant before this Court by preferring the instant criminal revision application.

            None has come forward to advance arguments on behalf of the applicant or the private respondent. However, learned Addl.P.G for the State did not support the impugned order by stating that the learned Additional Sessions Judge has made erroneous reference to case of Muhammad Khan Vs. The State (PLD 2007 SC-05), as such powers were exercised by Honourable Apex Court under Article 187 of Constitution of Islamic Republic of Pakistan, 1973 and in that case the State was directed to pay compensation and not any individual.    

                        Heard arguments and perused the record.

                        Section 250 Cr.PC empowers a Magistrate to direct payment of compensation after recording acquittal of the accused; such power could not be encroached by any other judicial officer; therefore, learned trial Judge being Additional Sessions Judge, was having no jurisdiction to have directed payment of compensation to the accused by the applicant by way of impugned order; such order being illegal is set aside.

                        The instant criminal revision application is disposed of accordingly.

   JUDGE