Khamiso (Applicant) VS Agha Zafarullah (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD.

Criminal Revision Application No. S-22 of 2021

DATE ORDER WITH SIGNATURE OF JUDGE

For orders on MA-1413/2021 For orders on office objections For orders on MA-1414/2021 For hearing of main case

Mr. Ahsan Zahoor Baloch, advocate for applicant.

The facts in brief necessary for disposal of instant Criminal Revision Application are that as per the applicant respondents with some unknown culprits after having formed an unlawful assembly and in prosecution of their common object fired at him with intention to commit his murder and then went away by making aerial firing to create harassment.

On refusal of the police to record his FIR he filed a Direct Complaint, it was dismissed by learned Ist. Additional Sessions Judge, MCTC, Badin by way of his order dated 29.01.2021, which is impugned by the applicant before this Court by way of instant Criminal Revision Application.

It is contended by the learned counsel for the applicant that the applicant was able to make out his case for cognizance therefore, learned trial Court ought not to have

dismissed the Direct Complaint. By contending so, he sought for setting aside of impugned order with direction to learned trial Court to take cognizance of the incident.

I have considered the above arguments and perused the record.

The firing allegedly made at the place of incident prove to be ineffective in all respects. Parties are already disputed over landed property. In these circumstances, learned trial Court was right to dismiss the Direct Complaint filed by the applicant by way of impugned order, which is not calling for any interference by this Court by way of instant Criminal Revision Application; it is in limini together with listed application.

JUDGE

Ahmed/Pa,