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2002 P Cr. L J 501

JARO alias ABDUL RAHIM vs SONO and 5 others

Citation2002 P Cr. L J 501
CourtSindh High Court
Case No.Criminal Miscellaneous Application No,374 and Miscellaneous Application
Date2001-07-20
Judge(s)Muhammad Roshan Essani
ResultApplication dismissed.

ORDER

1. Granted.

2. By this criminal miscellaneous application, applicant Jaro alias Abdul Rahim has sought the following relief:-- "(1) Rule Nisi may kindly be issued and the concerned Judicial Magistrate/Civil Judge or Commissioner may be authorized to arrange a surprised raid at agricultural land of respondents Nos.1, 2 and 3 adjacent village Mubarak Noohani Taluka District Mirpurkhas for the search recovery and production of the abovenamed detenus in this Honourable Court with the help of Senior Superintendent of Police, Mirpurkhas as the lives, honour, prestige and property of the detenus are in imminent danger and they might be murdered or kidnapped to any other place at any time and after recording their statement they may be set at liberty wherever they like to go.

(2) Any other relief which this Honourable Court deems fit and proper."

' The facts as disclosed in the petition are that the applicantalongwith his family members and relatives is working as Hari since last two years at the agricultural land of respondents Nos.1 and 2.

The respondents Nos.1 to 3 did not pay them their due share of agricultural produce. They were paying meager amount to the petitioner and the alleged detenus for their day to day requirements and did not settle their accounts. The applicant and the alleged detenus pressurized the respondents Nos.1 to 3 to settled account whereupon they got annoyed and started belabouring them.

' It is further averred, that the respondents are very powerful and influential persons and they are getting their lands cultivated forcibly from the applicant and the alleged detenus. The respondents Nos.1 to 3 had maintained false record and used to obtain signatures forcibly on payment vouchers from the applicant and the alleged detenus.

' I have heard Mr. Nisar Ahmed Uner learned counsel appearing on behalf of the applicant.

The plain reading of the facts stated in the petition and reproduced hereinaboveclearly shows that there is a dispute between the landlord and the tenant for which remedy could be exhausted under the Sindh Tenancy Act, 1950 (Sindh Act No, XX of 1950). Thus, this Court is devoid of the jurisdiction.

' Consequently the application is not maintainable in law and stands dismissed.

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