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Criminal Miscellaneous Application No.195 of 1984, decided on 23rd August, 1984.
‑‑‑Ss.561‑A, 110 a 112‑‑Quashing of criminal proceedings‑‑Magistrate passing order under section 112, Cr.P.C., on report of Station House Officer‑‑Report stating that accused was challaned in two cases, one being a theft case and another a case under Arms Ordinance‑‑‑ Allegations against accused, held, not attracting provisions of S.110, Cr.P.C., and order of Magistrate amounted to abuse of process of Court‑ Proceedings quashed.
Haji Shah Nawaz Chachar for Appellant.
Sharafuddin Ada for the State.
Date of hearing: 23rd August, 1984.
The applicant Ghulam Nabi is being proceeded against under section 110, Cr.P.C. in the Court of the Sub‑Divisional Magistrate, Ghotki, on the report made against him by S.H.O. Ghotki. He has filed this application for quashment of the proceedings.
The learned counsel for the applicant has urged that the applicant is being proceeded against on vague allegations and it is a case of victimisation. According to him, the applicant is a mosque teacher at Village Nabi Bux Lakho in Taluka Ghotki and he has produced such Certificate from District Co‑Ordinator Special Priority Development Programme for Primary Education, Sukkur. The learned counsel appearing for the State has conceded that it is a case for quashment of the proceedings as the allegations advanced by the Police are vague and instances of only two cases filed against the applicant have been given and the cases are still pending.
It appears from the documents produced that the learned Magistrate has passed order under section 112, Cr.P.C. on the basis of the report made by the S. H. O. Ghotki that the person complained against, namely Ghulam Nabi son of Sher Muhammad Lakho (the applicant) is a man of bad character and is a thief and also a habitual offender and he is nuisance to the general public and nobody is prepared to give evidence against him. It was also mentioned in the report that he had been challaned in two cases, one being a theft case and another a case under the Arms Ordinance. The allegations against the applicant do not strictly attract the provisions of section 110, Cr.P.C. for action against a person who is an offender by habit. In the circumstances, the order under section 112, Cr.P.C. passed against the applicant on the basis of the report of the S.H.O., Ghotki amounts to the abuse of the process of the Court and is quashed. Consequently, the proceedings under section 110, Cr.P.C. taken against the applicant stand quashed.
M. Y. H. Proceedings quashed.
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