1984 P Cr (PLP)

Ch. Muhammad Sadiq for Petitioner. Pehalwan complainant filed this revision against the acquittal of Ahmad Khan and six others from the charge under section 447/148, P. P. C. by order, dated 13th May, 1972 passed by learned Sessions Judge, Jhang.

2. The prosecution case was that there was consolidation of land holdings in village Chauri Noon, District Jhang about twelve years before the registration of the case. 5/6 years after the above consolidation, there was consolidation of landholdings in village Bela Bangash. It was alleged that the land in village Chauri Noon was allotted to Mian Ghulam Haider. During the consolidation proceedings of village Bela Bangash, it transpired that the demarcation of the two villages namely, Chauri Noon and Bela Bangash had not been correctly done. The accused Ahmad Khan etc., therefore. challenged the proceedings before Consolida tion Authorities as a result of which the learned Additional Commissioner (Consolidation) directed that demarcation of boundaries of five villages including the two mentioned above should be undertaken afresh. It is alleged by the prosecution that without waiting for the result of the demarca tion, the accused Ahmad Khan etc. 'forcibly entered in possession of the land belonging to Mian Ghulam Haider and given to him in consolidation of landholdings of village Chauri Noon. The accused were convicted by the Ilaqa Magistrate under section 447, P. P. C. vide order dated 31st May, 1971. This order was set aside in appeal and the case was remanded whereafter Rao Muhammad Yar, Magistrate by order dated 13th December, 1971 again convicted them under section 447, P. P. C. and sentenced them to three months' R I. and a fine of Rs. 100 or in default one months' R I. Ahmad Khan etc. again filed appeal which was accepted and they were acquitted by the learned Sessions Judge, Jhang on 13th May, 1972. Hence this revision.

3. I have gone through the interim orders of this case. The record was summoned by this Court in this revision on 20th November, 1972.. This petition was listed on 30th October, 1973 but the learned counsel Ch. Muhammad Sadiq Advocate wanted to further study the case and sought adjournment. The case was ordered to be listed on 15th November, 1973 but it appears that this order was not complied with by the office and the petition was listed for hearing on 30th January, 1974 instead of 15th November, 1973. No one was present on that date. It was, therefore, adjourned. It was again listed on 28th February, 1974 but again no one was present. It appears that the petitioner or his counsel did not take any interest in the petition for about ten years. This petition was, therefore, listed on 28th March, 1984 but again adjourned to be relisted on 25th April, 1984. On that date it was ordered to be placed before the Hon'ble Chief Justice who was pleased to order on 7th May, 1984 that it be placed before me.

4. I have gone through the record of this case. Learned counsel for the petitioner has not been able to point out any illegality or infirmity in the impugned judgment which is based on proper appraisal of the oral as well as documentary evidence on record. It is conceded by the learned counsel that there is no misreading of evidence by the learned Sessions Judge. This revision petition which has been listed for disposal after about twelve years of the passing of the impugned order, has no merit. Even otherwise, the revisional jurisdiction is to be exercised sparingly and solely in a case which involves misreading of evidence or in a case in which the Court comes to a conclusion that material injustice has been caused by acquittal of the accused. I find that no material injustice has been done to the complainant who remained negligent in prosecution of his case in this Court.

5. The result is that there is no merit in this revision which is dismissed in limine. M. A. K. Revision dismissed.