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Criminal Miscellaneous Application No. 631 of 19,76, decided on 16th April 1978.

-- S. 561-A-Quashment of proceedings-Proceedings under S. 107, Cr. P. C. being initiated against petitioner for third time in quick succession, earlier proceedings having been quashed-Present proceed ings based on same reasons, forming ground in earlier complaints--- Proceedings quashed, in circumstances.

Manzoor Hussain for Petitioner.

Habibur Rashid for the State.

Date of hearing : 16th April 1978.

This is an application under section 561-A, Cr. P. C. for quashment of proceedings under section 107, Cr. P. C. started against the Petitioner on the report of S. H. O., Sinjhoro Police Station.

2. The facts in brief are that there was a dispute between Dr. Soomar Akhtar and Muhammad Ameen the present Petitioner over a tenement at Sanjhoro town. At the instance of Dr. Soomar Akhtar the police sent up a report against Petitioner Muhammad Ameen in the Court of Mukhtiarkar and F. C. M. Sanjhoro. Dr. Soomar Akhtar then filed a direct application for action under section 107, Cr. P. C. against Muhammad Ameen & others in the Court of S. D. M., Sanghar. He gave an application to withdraw the proceedings sent up by the police in the Court of Mukhtiarkar & F. C. M., Sanjhoro. The proceedings were withdrawn on the ground that there was no further apprehension of the breach of the peace. Meanwhile the present petitioner Muhammad Ameen sent an application to Superintendent of Police Sanghar for action against Dr. Soomar Akhtar. The Police, however, instead of taking action against Dr. Soomar Akhtar started a 3rd case against Muhammad Ameen under section 107, Cr. P. C. on 6-3-1976.

3. It has been argued by Mr. Manzoor Hussain on behalf of the Petitioner that the Police report consists of a few lines and it just contains a vague allegation that there is likelihood of the breach of the peace between Muhammad Ameen and Dr. Soomar Akhtar; that if the allegations had been genuine, the police should have sent up both the parties for being bound down to keep the peace; but in this case proceedings under section 107, Cr. P. C. were started against the petitioner in three different cases relating to the same dispute.

4. It is true that this is the third case of similar kind against Muhammad Amin with regard to the dispute of Dr. Soomar Akhtar the other two cases being the subject-matter of Petitions Nos. 823 and 824 of 1976 which have already been allowed; for the same reasons this connected petition is also allowed and the proceedings are quashed.

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