MUHAMMAD AKHTAR SHABBIR, J.-- The petitioner through this Constitutional petition seeks the quashment of FIR No. 273/1999, dated 20- 11-1999 under Section 379, PPC registered at P.S. Abdul Hakim, District Khanewal.
2. Brietly stated the facts of the case are that a criminal case vide FIR No. 273/999, dated 20-11-1999 under Section 379, PPC was registered on the statement of Allah Bakhsh/respondent No. 2, at the Police Station, Abdul Hakim, District Khanewal against the petitioner and seven unknown persons. It was alleged in the FIR by the complainant that he was owner of 277 kanals of agricultural land situated in mauza Gobandgarh. According to FIR itself the complainant has given his land for cultivation to Khadim Hussain/petitioner as tenant. The complainant has further stated that he got cultivated rice cotton crops on the land. The petitioner after plucking the cotton and harvesting paddy crops has kept the same at his dera for batai. It was further alleged that on 20-10-1999 at about 4 p.m., the complainant went to his land and saw crop of cotton weighing 200 mound and crop of rice weighing 250 mound in the packed in cotton bags, were missing and allegedly Khadim Hussain tenant was also not present there. On suspicion the complainant raised hue and cry which attracted Shaukat A.I son of. Haqnawaz and Ghulam Qadir residents of Jalilpur. Shaukat A.I and Ghulam Qadir told him that at 12.00 noon the petitioner while armed with .12 bore gun alongwith seven unknown persons duly armed, have been seen while taking the cotton and paddy on tractor trollies. On inquiry, of the witnesses, Khadim Hussain/petitioner told that he was going to sell the crops belonging to him. It was further stated in the FIR that the petitioner and others have stolen the produce of the complainant against his wishes without paying his share.
3. Learned counsel for the petitioner contended that from the contents of the FIR no offence under Section 379, PPC is made out against the petitioner and that the complainant had admitted the ,petitioner as his tenant.
4. On the other hand, learned Assistant A.G. Has opposed the grant of bail to the petitioner.
5. I have heard both sides at length and perused the record. The complainant in the FIR has admitted that the petitioner was his cultivator as tenant of his land and he had sown the crops of cotton in his land which he has taken without paying him the share of produce.
6. Section 378, PPC defines the definition of theft which is reproduced as under:- "Whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft."
Section 379, PPC has provided the punishment for theft which contemplates- "Whoever commits theft shall he punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both."
7. The persons already in occupation, cultivating and enjoying land , whether with or without title cannot he charged of offences under Sections 447 and 379, PPC for removing produce of such land. In this context reference can be made to the case of Fakharul Islam Vs. The State (PLD 1968 Dacca 678) and Ishaq Mian and others Vs. Abdul Malik (PLD 1958 Dacca 564) wherein the Court has observed that no charge would lie under Section 379, PPC, for taking paddy out of the possession of the complainant when he was debarred from entering upon the disputed land and exercising any act of possession in respect thereof. / 8. In case of Abdullah Vs. The State (1998 Pak. CrI.L.J. 732) it has been observed by the Hon'ble Judge of the Karachi High Court that the dispute between the parties was over Zamindari share which could be decided only by Tenancy Tribunal constituted under Sindh Tenancy Act, 1950, and not by filing criminal proceedings. In that case Zamindar has reported that his land is situated in Deh Abdo Mehando. Abdullah son of Allah Dino Jat is the Hari of this land and there were other Haris also and his Hari has taken the crops without paying him his due share of crops. The High Court in exercise of its jurisdiction under Section 561-A, Cr.P.C. Quashed the FIR against the Hari/Tenant.
9. In the instant case, the relationship of landlord and the tenant is. Established from the contents of the FIR and if the tenant has lifted the crops without the payment of share to the landlord/complainant, he has not committed any offence as his action does not fall within the ambit of provisions of Section 378, PPC. Mere reading of the FIR does not constitute the offence under Section 379, PPC against the petitioner.
10. In view of the above discussion, this writ petition is accepted and the case FIR No. 273/1999, dated 20-11-1999, registered under Section 379, PPC at P.S. Abdul Hakim, is hereby quashed.