1990 P Cr (PLP)

This is an application under section 561-A, Cr.P.C. for quashment of proceedings pending against the applicant before the A.-G. and S.D.M. Nazimabad. Karachi. The brief facts giving rise to the present application are that on 5-11-1989 S.H.O. Gulbahar filed report before the learned S.D.M., Nazimabad against the applicant, inter alia alleging therein that he is a notorious and habitual drunkard and a pimp. He is notorious and has bad reputation in the locality. His remaining at large is hazardous to the public. Since he is a notorious Goonda, no person from the public is prepared to come forward to give evidence against him. On receipt of the above report, S.D.M. was pleased to issue, non-bailable warrants against the applicant, and he voluntarily appeared before the Court and was allowed bail. The present application has been filed for the quashment of the above proceedings. I have heard Mr. Muniruddin Alvi, for the applicant, Mr. Vakeel Ahmed Qureshi appearing for the State, and have gone through the documents produced alongwith quashment application. . It has been contended by Mr. Muniruddin AM learned counsel appearing for the applicant, that the allegations made against the applicant are vague and general in nature inasmuch as no specific instance with time, date and place, of the alleged acts complained have been mentioned in the report. Admittedly the applicant is not a previous convict. The two cases mentioned in the report are still sub judice before the Court of law. That there was no reason for the learned S.D.M. to issue non-bailable warrants against the applicant, and the process was issued in violation of mandatory provisions of section 5 of the Sindh Crimes Control Act. ' l' Mr. Vakecl Ahmed Oureshi learned counsel appearing for the State has contended that looking to the circumstances of the case he has no objection if the proceedings were quashed. I have considered the contentions of the learned counsel. The bare reading of the report shows that the allegations are vague and general in nature inasmuch as no specific instance with time, date, and place of the acts complained of have been mentioned in the report. The cases mentioned in the list of cases are still sub judice before the Court. There is no allegation that the applicant has ever been convicted for committing any substantive offence. The proceedings under A Sindh Crimes Control are meant for hardened criminals and in fact there were no grounds for taking proceedings against the applicant under section 14 of Sindh Crimes Control Act. 1, therefore, allow this application and quash the proceedings pending against the applicant before the learned S.D.M. Nazimabad, Karachi M.BA./M-1070/K Proceedings quashed.