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Criminal Miscellaneous No. 120 of 1983, decided on 17th February, 1983.
‑‑ S. 561‑A‑Sind Crimes Control Act (V of 1975), Ss. 5, 6 & 14 Quashing of proceedings‑General and vague allegations made against applicant‑Cases cited in Police Report either compromised or dropped‑No conviction recorded against applicant so far‑'. Continuance of proceedings against applicant, held, abuse of process of Court, in circumstances of case‑Proceedings quashed.
P L D 1977 Kar. 506 ref.
Munawar Malik for Applicant.
M. I. Memon, A. A.‑G. for the State.
The learned A. A.‑G. has no objection, if the above application is admitted and the proceedings against the applicant are suspended and he is released on bail, pending disposal of the above petition. Admit. Notice.
I have considered the above submissions made by the learned A. A.‑G. and since I have admitted the above petition for regular hearing, I suspend the proceedings pending against the applicant, before the learned trial Court and further direct, that he may be released on bail on his furnishing surety in the sum of Rs. 10,000 with the P. R. Bond in the like amount, to the satisfaction of the learned trial Court.
After I have passed the above order, the learned A. A.‑G. pointed out, that he was supporting ,the above petition, as the proceedings initiated against the applicant are without jurisdiction, in view of the law laid down by this Court in P L D 1977 Kar. 506.
In view of the above statement of the learned A. A.‑G. with the consent of the learned Advocate for the applicant, I have taken up the above petition for regular hearing today.
The learned Advocate for the applicant submitted that the proceed ings initiated against the applicant are in utter disregard of the provi sion of sections 5 and 6 of the Crimes Control Act as well as section 8 a of the said Act, inasmuch as, the cases cited in the police report have either been compromised or dropped. So far no conviction in any of such cases has been recorded against the applicant.
I have carefully considered the above submissions made by the learned Advocates before me and have gone through Police Report and section 14 of the Sind Crimes Control Act, on the basis of which the proceedings against the applicant have been initiated. It is very clear from the police Report in question, that general and vague allegations have been made against the applicant and the cases cited in the said .a report have either been compromised or dropped, but so far no convic tion has been recorded against the applicant. In view of this, conti nuance of such proceedings against the applicant in my opinion would amount to abuse of the process of the learned trial Court.
Therefore, I allow, the above petition and quash the proceedings pending against the applicant under section 14 of the Sind Crime:; Control Act, in the Court of A. C. and S. D. M., Civil Lines, Karachi, and direct, that the applicant, who is in custody be released forthwith if not required in any other case.
M. A. K. Petition accepted
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