ORDER SHEET

IN THE HIGH COURT OF SINDH CIRCUIT COURT, LARKANA.

Cr. Misc. Application No.S-55 of 2024.

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DATE              ORDER WITH SIGNATURE OF HON’BLE JUDGE________

1. For orders on office objection “A”.

2. For hearing of main case.

05-03-2025

                        Mr. Muhammad Rafique Abro, advocate for the applicant.

                        Mr. Muhammad Afzal Jagirani, advocate for Respondent.

                        Mr. Aitbar Ali Bullo, DPG for the State.

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Khalid Hussain Shahani, J.- The applicant, Ameer Bux Brohi, has invoked the inherent jurisdiction of this Court under Section 561-A of the Code of Criminal Procedure, 1898, seeking judicial review of the order dated 21.03.2023, passed by the learned Judicial Magistrate, Miro Khan, in Criminal Miscellaneous Application No.01/2023. The impugned order pertains to the dismissal of an application under Section 145 Cr.P.C. filed by the applicant, wherein he sought preventive relief against an alleged unlawful act. The applicant contends that the dismissal order was passed without proper appreciation of the factual matrix and legal principles governing preventive measures in property disputes.

02. The applicant has asserted that Mst. Haleema, his maternal aunt, was the lawful owner of Survey Nos. 496/1, 496/2, and 496/4, collectively measuring 10-37 acres, situated in Deh Koor Sahib, Tapo Mastoi, Taluka Sijawal Junejo, District Kamber. It is alleged that the private respondents, wielding undue influence, unlawfully excavated a ditch on the said property without legal entitlement or ownership rights, in addition to issuing threats. Apprehending a potential breach of peace and bloodshed, the applicant invoked Section 145 of the Code of Criminal Procedure, 1898, by filing an application before the learned Judicial Magistrate, Miro Khan. The court duly issued notices to the respondents and sought reports from the concerned Station House Officer (SHO) and Mukhtiarkar. Upon consideration, the application was dismissed. Aggrieved by this decision, the applicant preferred a Criminal Revision Application before the learned 1^st Additional Sessions Judge, Shahdadkot, which was also dismissed through the impugned order.

03. Heard and perused the record.

04. As per the report submitted by the Mukhtiarkar Sijawal Junejo, the documents produced by the applicant, purporting to establish that Mst. Haleema, his aunt, was the owner of the property in question, allegedly purchased from Muhammad Sallah Brohi through a registered sale deed and a copy of Rubkari dated 08-03-2022, were determined to be forged and fabricated. Additionally, the report submitted by the concerned SHO indicates that the possession of the property has remained with Muhammad Khan Brohi for the past 45 years, with no imminent threat of bloodshed between the parties. The nature of the dispute, therefore, appears to be civil in character. Similar observations were recorded by the learned Additional Sessions Judge-II, Shahdadkot, in dismissing the complaint of Mst. Haleema under Section 3(2) of the Illegal Dispossession Act, 2005, through the order dated 12-09-2023.

05. The impugned order is founded upon a thorough and reasoned analysis of the evidentiary record and aligns with the established principles of justice. In light of the absence of substantive evidence and the well-settled jurisprudence discouraging the adjudication of claims based on speculation or retaliatory intent, there exists no justifiable ground for interference within the inherent jurisdiction of this Court. Accordingly, the present Criminal Miscellaneous Application, lacking merit, is hereby dismissed.

                                                                                                JUDGE

S.Ashfaq/-