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Criminal Miscellaneous Petition No. 1100 of 1986, heard on 11th March, 1987.

--Ss. 107, 117 &561-A--Quashing of proceedings--A certified copy of order of High Court produced on behalf of accused showing that High Court had previously quashed proceedings under Ss. 107/117, Cr.P.C. against accused--Local police having been annoyed with him due to his interview published in an Urdu daily continued to file proceedings against him one after the other, which supported contention that police had mala fide intentions against accused--Proceedings quashed in circumstances.

Applicant in person.

Imam Bux Shaikh for the State.

Date of hearing: 11th March, 1987.

This is an application under section 561-A, Cr.P.C. filed by the applicant, Ch. Muhammad Bashir for quashment of proceedings pending against him, and three others under section 106, Cr.P.C. and 107/117, Cr.P.C. before the A.C./S.D.M. Central Karachi. I had quashed the above proceedings on 11-3-1987 by a short order for the reasons to be recorded later. How I propose to give reasons for the same.

On 5-2-1986 S.H.O. Brigade, Karachi, filed report against present applicant and respondents Shahid Ahmed, Muhammad Irfan and Muhammad Mushtaq before A.C./S.D.M. Central, Karachi, inter alia alleging therein, that a dispute is pending between the applicant and three others on one hand, and Munawar Ali Khan and others on the other hand since long, and they have been making application against each other. That they had been fighting with each other every now and then, and a case under sections 307, 323, 336, 147 being crime No. 29/86 was filed at the above police station. That the parties can take law in their own hands at any time, and there is likelihood of breach of peace, and, therefore, action under section 107/117, Cr.P.C. may be taken against the applicant and respondents Nos. 2 to 4. The learned A.C./S.D.M. Central Karachi issued notices to the applicant and the respondents Nos. 2 to 4, and therefore, this quashment application. I have heard the applicant in person, and Mr. Imam Bux Shaikh learned Advocate for the State.

The contention of the applicant is that he is an active social worker and is opposed to corruption and malpractices. He was interviewed by Correspondent daily Jang, Karachi, on the subject of corruption and mal practices in administration. The interview was published in daily Jang, dated 5-10-1979 under the caption of POLICE AWAM KI ADALAT MAIN'. Photocopy of the said interview has been filed as Annexure A'. That the police officials were annoyed with him and, therefore, large number of criminal cases were registered against him. He was arrested maltreated and tortured and subjected to humiliation. The applicant ultimately succeeded to get rid of criminal cases. That on 26-6-1982 Sub Inspector Liaquat Ali of Brigade Police registered a case under section 107/117, Cr.P.C. against the applicant. The applicant filed Crl. Misc. Petition No. 301/1983 before this Court for the quashment of proceedings and the same were quashed by this Court vide order, dated 17-9-1985.

Then again on the same day i.e. 17-9-1985 on coming to know about quashment of the proceedings Sub-Inspector Lal Khan or Brigade Police filed a report before the A.C./S.D.M. Central Karachi under section 106, Cr.P.C. That again on 5-2-1986 Sub-Inspector Syed Ali, the then S.H.O. Brigade Police filed another report under section 107/117, Cr.P.C. against him and respondents Nos. 2, 3 and 4. He has further contended that the proceedings under section 106, Cr.P.C. as well as under section 107/117, Cr.P.C. filed against him are mala fide, that he had compromised with Munawar Ali Khan and others in Constitutional Petition No. D-230/82 and there was no dispute between the parties, and a photocopy of the compromise application has been produced as Annexure E'.

Mr. Imam Bux Sheikh learned counsel appearing-for the State has very frankly conceded that he is not in a position to defend the above proceedings.

I have considered the contention of the applicant and have also gone through the record. Annexure A' is the photocopy of daily Jang Karachi, dated 5-10-1979 with the caption of POLICE AWAM KI ADALAT MAIN Annexure E is the compromise entered into by the applicant and this Court in C.P. No. D-230/82. the applicant has also filed certified copy of the order, dated -7-9-1985 which shows that my learned brother Mr. Justice Abdul Razzaq A. Thahim was pleased to quash the proceedings in a case under section "07/117, Cr:P.C. It appears that the grievance of the applicant that the local police was annoyed with him due to his interview published in daily Jang is correct. The proceedings one after other filed under section 107/117, Cr.P.C. further support the contention of the applicant, and the same appear to have been filed against him mala fide.

Moreover the proceedings were initiated 17-9-1985 and 5-2-1986 and the period of 12 months has also expired. Therefore, it will not be in the interest of justice to continue the above proceeding as the same have become infructuous. I, therefore, allow the above application and quash the proceedings against the applicant.

M.Y.H./M-142/K Proceedings quashed.

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