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Criminal Miscellaneous Application No.1033 of 1984, decided on 16th December, 1985.,
----S.14--Execution of bond for good behaviour--Five cases pending against applicant--Applicant not convicted in any case so far- Provisions of S.14 not attracted in the case--Order taking action under S.14, Sind Crimes Control Act, 1975, declared to be without lawful.
Munawar Malik for Applicant.
Abdul Ghafur Mangi, A.A.-G. for the State.
Date of hearing: 16th December, 1985.
The S.H.O. submitted a report that the present applicant be ordered after issue of statutory show cause to execute a bond with sureties for his good behaviour for a period as deemed fit. The cognizance was taken against the applicant under Section 14 of Sind Crimes Control Act. The learned counsel has stated that only five cases have been registered against the present applicant. One under section 307/34, P.P.C. is pending for investigation. The other under Section 13-D Arms Ordinance arising .out the same incident is also pending for investigation. The third under section 506/427 is sent up for trial. The fourth under section 324,P.P.C. was registered in the year 1966 but there is no material and the proceedings of fifth case under section 151 Cr.P.C. are pending. The learned counsel has stated that section 14 of the Sind Crimes control Act, 1975 is not attracted. He submitted that essential elements requiring action under section 14 of the Act are missing in this case. There should have been specified allegations against a person before proceeding under section 14 of the act. No instances have been given. The applicant is not convicted in any case so far. Even otherwise Section 14 of the Act is no attracted. The learned A..A.G. has also not supported the order in the result the application is accepted and the order of AC/SDM for taking action under section 14 of the Sind Crime Control Act is declared to be without lawful authority and the prosecution is consequently quashed.
M.A.K./B.31/K petition accepted.
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