1997 P Cr (PLP)

Sayedain Zaidi, A.A.-G. and Ms. Nasreen Zafar for the State. Date of hearing 24th June, 1997. This Criminal Miscellaneous Application has been filed under section 561-A, Cr.P.C. for quashment of order passed by the Assistant Commissioner and S.D.M. Gadap District Malir Karachi dated 14th February, 1996. In the proceedings under section 107/117/151, Cr.P.C., the Assistant Commissioner and S.D.M. vide order referred to above called upon the applicants to show cause why personal bond should not be executed by them in the sum of Rs.20,000 to keep peace for a period of one year with one/two surety/sureties it the like amount and that they should keep the peace for the said term. The applicants alleged that they wanted to deposit a sum of Rs.60,000 in cash towards the personal bond but the Assistant Commissioner and S.D.M. refused to accept the same as such they filed revision before the learned Sessions Judge, Malir, who admitted the revision and released the applicants upon furnishing security amount of Rs.60,

000. The applicants have challenged the proceedings under section 107, Cr.P.C. and the impugned- order referred to above on several grounds. The aforesaid Criminal Miscellaneous Application was filed on 21-3-1996 but could not be finally disposed of and came up for regular hearing today. Learned counsel appearing for the applicants submitted that the impugned order passed by the Assistant Commissioner and S.D.M. Gadap District Malir, Karachi, dated 14th February, 1996 passed in the proceedings under section 107, Cr.P.C was valid for a period of one year from the date of the order. His further contention is that the period of the order has already been expired as such the proceedings under section 107/117/151, Cr.P.C. are to be quashed. Learned State Counsel on the basis of the record of the case did not oppose the submission of the applicants' counsel. 4n view of the facts of the case, petitioners' counsel Mr. Mahmood A. Qureshi relied upon the case report in The State v. Shafi Muhammad and others PLD 1961 (W.P.) Kar.

118. In this reported case, the observations were as under:-- "Shafi Muhammad and others were called upon to show cause why they should not be ordered to furnish security for being of good behaviour for a period of one year on 26th November, 1958. These persons did not challenge the police report. Their pleas were recorded and they were sent to jail. Shafi Muhammad alone appealed to the District Magistrate, his plea was accepted and retrial was ordered on 30th March, 1959. The case was transferred to another Court where for 9 months the proceedings dragged on and nothing was done. It had been brought to the notice of this Court during an inspection that proceedings in this case have taken too long a time and ought to be quashed. Firstly, it appears that in this case the order to furnish security was passed on 26th November, 1958 and since then all these five persons have been in jail. The period of one year expired on November 25, 1959. In view of the above facts, the proceedings were quashed under section 561-A, Cr.P.C." In another reported case Nur Nabi v. The State 1968 PCr.LJ 131 it has been observed as under:-- "By this order, dated 22nd February, 1966, the learned Magistrate had directed the petitioner to furnish a bond for the maintenance of peace for one year, but I am told that the bonds have still not been cancelled. I cannot understand this position. The power of the learned Magistrate to take security was limited to one year, and further insistence on that security is totally illegal. " In the present case, the security for maintenance of peace was taken by the Magistrate for one year vide order, dated 14th February, 1996. Admittedly the period of one year has expired. In view of the aforesaid reported case, it is held that Magistrate's powers under section 107, Cr.P.C. for taking security for the maintenance of peace are limited to one year only. After expiry of the aforesaid period, the proceedings become invalid. In view of the above discussion, the impugned order, dated 14th', February, 1996 passed by the Assistant Commissioner and S.D.M. Gadap District Malir, Karachi, which was valid for one year from the date of order, has outlived its legal life and has become invalid. The petition for quashment of the impugned order is allowed and the proceedings pending before the Assistant Commissioner and S.D.M. Gadap District Malir, Karachi, in the case "The State v. Riazuddin and others" are accordingly quashed. N.H.Q./R-32/K?????????????????????????????????????????????????????????????????????????????????? Proceedings quashed.