Criminal Miscelleneous 341/2024 (S.B.) Sindh High Court, Circuit Court, Mirpur Khas

Sindh High Court · 2025 · Before Shamsuddin Abbasi

passed by learned Additional Sessions Judge-II. Sanghar in Crl. Revision Application No.11 of 2021 whereby learned Revisional court maintained the order dated 22.04.2021 passed by Civil Judge and Judicial Magistrate- III, Sanghar in Direct Complaint No.02/2021 “Re-Waseemullah Vs. Muhammad Afzal and others” for offence under sections 392, 457, 506(ii), 504, 147, 148 and 149 P.P.C whereby Civil Judge and Judicial Magistrate- III, Sanghar, hence he preferred instant Crl. Misc. Application. Junior partner of Mr. Muhammad Siddique Buledi, learned counsel for the applicant argued that cognizable offence is made out from the contents of the Direct Complaint but the Judicial Magistrate-III, Sanghar dismissed the Direct Complaint. He submits that the impugned orders passed by the trial court as well as the Revisional Court are illegal and result of misreading and non-reading of the record; therefore, the same may be set-aside with direction to the trial court to take cognizance of the Direct Complaint in accordance with law. Complainant/applicant also submits that respondents/accused have illegally occupies his land, therefore, he has filed instant Crl. Misc. Application. Mr. Sher Ali Behan advocate files Vakalatnama on behalf of the respondents No.2 to 8 which is taken on record. He submits that there is civil litigation pending between the parties and that he has produced compromise application moved by both parties in F.C Suit No.35/2020 along with the compromise order dated 08.04.2023 passed by the learned Senior Civil Judge-II, Sanghar in the aforesaid F.C suit. He further submits that an amount of Rs.9,45,00,000/- (Rupees Nine Crore and forty five lacs) has already been paid and the remaining amount of Rs.2,20,00,000/- (Rupees Two Crore and twenty lacs) were paid by the respondents through pay order alongwith the compromise application and that there is no outstanding amount against the respondents. He further submits that the applicant has malafidely initiated criminal proceedings and that no such incident of robbery was committed by the respondents; therefore, the Criminal Miscellaneous Application may be dismissed. Learned D.P.G supports the impugned order passed by trial court as well as Revisional court. Heard junior partner of Mr. Muhammad Siddique Buledi, learned counsel for the applicant, learned counsel for the respondents, learned D.P.G for the State and perused the record. It appears that there is civil litigation between the parties and learned counsel for the respondents has filed the compromise order passed by the learned Senior Civil Judge-II, Sanghar. I have gone through the order passed by learned Civil Judge and Judicial Magistrate-III, Sanghar in Direct Complaint No.02/2021 filed by the applicant against the respondents under sections 392, 457, 506(ii), 504, 147, 148 and 149 P.P.C whereby Direct Complaint was dismissed by learned trial court vide order 22.04.2021 as well as order dated 16.03.2022 passed by learned Additional Secession Judge-II, Sanghar in Crl. Revision Application No.11 of 2021 whereby order passed by learned trial court was maintained.

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