- (1.) THIS revision petition is directed against the order dated 31.03.2004, hereinafter referred to as impugned order, passed by Ist Class, Judicial Magistrate, Karnah in the complaint titled Kala Khan v. Mohammad Yousuf and others, whereby and where -under complaint came to be dismissed.
(2.) IT appears that complainant/petitioner filed a complaint before the trial court on 5th February, 2003 with the allegations that accused have tried to dispossess the complainant from his land without any right or reason and have intimidated the complainant with criminal intentions. Accordingly, trial court has drawn cognizance and issued process against the accused under Section 506 of R.P.C.
(3.) ACCUSED appeared and complainant was asked to lead evidence vide order dated 27.03.2003, and was given liberty that in case he required assistance of the Court in calling the witnesses, he had to furnish list of witnesses within three days. Accused raised a plea before the court below that complaint is not maintainable and merits to be dismissed because complainant had failed to, produce the witnesses and, furnish list of witnesses with the complaint or thereafter, in terms of the directions contained in order dated 27th March, 2003. After hearing learned counsel for parties, the trial court dismissed the complaint.;