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Constitutional Petition No.S-131 of 1983 and Criminal Miscellaneous Application No.567 of 1981, decided on 15th June, 1983.
---S.561-A--Sind Crimes Control Act (IV of 1975), S.14--Constitution of Pakistan (1973), Art.199--Quashing of proceedings--Police making general vague allegations against applicant--Out of four cases mentioned in report, applicant had already been acquitted in two cases and in remaining two cases no action was taken so far--Tribunal issuing non-bailable warrants against applicant in first instance in violation of S.5 of the Act--Case for quashment of proceedings, held, was made out--Application under 5.561-A, Cr. P. C. convert into constitutional petition and proceedings quashed.
Gul Zaman Khan for Applicant.
Nemo for the State.
Date of hearing: 15th June, 1983.
This application has been filed by the applicant for quashment of the proceedings taken against the applicant and orders passed against him by the Tribunal/Assistant Commissioner and S.D,M. Liaquatabad Karachi (West) under the Sind Crimes Control Act, 1975. I have heard Mr. Gul Zaman Khan, learned counsel for the applicant. No one has appeared on behalf of the State. It is submitted by learned counsel for the applicant that the report of S. H.O. North Nazimabad, Police Station, Karachi makes general vague allegations against the applicant and out of the four cases mentioned in the report, the applicant has already been acquitted in two cases and in the remaining two cases no action has been taken since early 1981. It is further contended that the learned S.D.M./Tribunal issued non-bailable warrants against the applicant in the first instance which is a violation of section 5 of the Act of 1975.
In my view the applicant has made out a case for quashment of proceedings. There is not only a violation of section 5 of the Sind Crimes Control Act, 1975 in as much non-bailable warrants were issued in the first instance but also of section 6 of the Act as general and vague allegations have been made against the applicant. This application under section 561-A of Cr.P.C. Is converted into a constitutional petition and it is allowed and the proceedings taken and orders passed by the Tribunal/ Assistant Commissioner and S.D.M. Liaquatabad, Karachi (West) against the petitioner/ applicant in case No.716/1981 under section 14 of the Sind Crimes Control Act, 1975 are quashed.
M.A. K./A-112/K Petition allowed.
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