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Criminal Miscellaneous Application No.841 of 1981, decided on 11^th October, 1983.

‑‑‑S. 561‑A‑‑Sind Crimes Control Act (IV of 1975)‑‑Quashing of proceedings‑‑Second appeal filed by complainant after dismissal of first complaint against same accused on merits‑‑Comparison of allegations made in both complaints showing that accused was being prosecuted twice on same allegation, which, amounted to double jeopardy‑‑Allegation in both complaints found to be similar‑‑First complaint was found to be baseless vide a well considered order‑‑Proceedings quashed in circumstances.

Qurban Ali H. Chohan for Petitioner.

Nazir Alam for the State.

This is an application for quashment of complaint under section 14 of Sind Crime Control Act, 1975 filed by S.H.O., Digri on 14‑10‑1981 against Muhammad Din Shah the petitioner in this case.

Before this complaint, also a similar complaint was filed before the same Magistrate against this very petitioner which was registered as Case No. 57 of 1980. That complaint was dismissed on merits by the learned S.D.M., Digri by his order, dated 5‑11‑1980. The comparison of, the allegations made in the latter complaint with those made in the former complaint in Case No. 57 of 1980 shows that the petitioner is being prosecuted twice on the same allegation which amounts to double jeopardy. The allegations in both the complaints are almost similar. The learned S.D.M., by a well‑considered order, dated 5‑1‑1980 had found that the allegations were baseless. The learned counsel for the State has rightly conceded that the petitioner cannot be proceeded against twice for the same allegations. For the above reasons, the application is allowed and the proceeding lodged by S.H.O., Digri against the petitioner before the S.D.M., and Tribunal Digri are quashed.

H.A.K Proceedings quashed.

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