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Criminal Miscellaneous No. 331/Q of 1981, decided on 9th June, 1982
‑‑ S. 561‑A read with West Pakistan Control of Goondas Ordinance (XXXV of 1959), Ss. 13 & 14‑Quashment of proceedings‑Cases cited as instances of disorderliness of petitioner having ended in acquittal and no other material existing to warrant continuance of proceedings against him under Ss. 13 & 14 of Goondas Ordinance ---Proceedings quashed in circumstances.
Muhammad Abdullah for Petitioner.
Irshad Khan for A.‑G. for the State.
Date of hearing : 9th June, 1982.
Petitioner seeks quashment of the proceedings pending against him in the Court of A. C. Shakargarh under sections 13 and 14 of the Goondas Ordinance, 1959.
2. Briefly, the facts of the case are that the S. H. O. Police Station, Lacer Kalan submitted a challan against the petitioner under sections 13 and 14 of the Goondas Ordinance, 1959. The proceedings were initiated on the ground that the petitioner was involved in four cases and that he was a badmash and a disorderly person.
3. Learned counsel for the petitioner has contented that the petitioner is a Lambardar and the S H O was annoyed with him because he (petitioner) had filed some complaints against the S H O that he was a corrupt. It is contended that the petitioner was not a previous convict and in. the four cases which were cited as instances of this disorder liness ended in acquittal. It is stated that in Case No. 23 dated 9th October, 1959 under section 406 P P C the petitioner was acquitted on 3rd March, 1960; in case No. 8 dated 21st September, 1967 under section 307, P. P. C. he was acquitted vide order dated 30th August 1968 in Case No. 10 dated 6th October, 1967, under section 13/20/65 (Arms Ordinance) he was acquitted vide order dated 30th August, 1‑968 and the last case which was registered against him under section 325/148/149, P. P. C. on 2nd December, 1980 was cancelled by the Police itself.
It is argued that whatever the value of the allegations against the petitioner with regard to the cases registered against him, the fact remains that he continuously maintained clean record. It is contended that he was never involved in any case after 1967 till a case was registered in 1980, which according to the investigation was found to be false and, as such, the proceedings initiated against him under sections 13 and 14 of the Goondas Ordinance, 1959, are mala fide.
4. In view of the fact that the cases cited as instances of the disorderliness of the petitioner ended in acquittal, I feel that there is no material to warrant action against the petitioner under section 13 and 14 of the Goondas Ordinance, 1959 a case for quashment of the proceedings has been made out. I, therefore, accept this petition and quash the proceedings pending against the petitioner in the Court of A. C., Shakargarh.
Proceedings quashed.
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