P L D 1994 Karachi 429 (PLP)

Applicant Muhammad Amin alias Muhammad Yamin has moved for quashment of proceedings under section 107/151, Cr.P.C. pending in Court of the S.D:M.,. Baldia Town Sub‑division, Karachi against him. According to police report, on 10‑2‑1993 Inspector Nisar Hussain S.H.O. Baldia Town was present in his office in Police Station Baldia Town, when applicant Muhammad Yamin came there. The applicant quarreled with Inspector Nisar Hussain and questioned him for detaining Niaz Hussain a relative of the former. Inspector Nisar Hussain replied that Niaz Hussain was fighting with Muhammad Hand and hence he was detained by S.I.P. Dilawar Hussain Shah. Upon this, the applicant was provoked and he gave threats to Muhammad Hanif of killing him. In particular the applicant threatened to see Muhammad Hanif in Court on the following day. In order to stop the applicant from causing any bodily injury or any financial loss to Muhammad Hanif, the S.H.O. detained the former under section 151 of Cr.P.C. as further stated in the police report. On receiving the police report on i1‑2‑1993 the S.D.M., Baldia passed on the same date an order under section 112 of Cr.P.C. calling upon the applicant to show cause as to why he should not be ordered to execute a bond in sum of Rs.10,000 and to furnish one surety/two sureties in the like amount to keep peace for a period of one year. Said order was read over to the applicant but his reply was not recorded. Mrs. Salima Nasiruddin, learned counsel for the applicant argued that the S.D.M. had not applied his mind while passing the order under section 112, Cr.P.C. and a typed form containing language of section 112, Cr.P.C. was used after filling in its blanks. It was also argued that the order under section 112, Cr.P.C. was passed with utter haste on 11‑2‑1993 after receiving on said date the police report. It was next argued that the period of one year mentioned in the order under section 112, Cr.P.C. had already expired and that during pendency of the proceedings under section 107, Cr.P.C. the applicant had not committed any act, which could warrant (words missing) against him. Mr. Zaheer Qureshi, learned counsel appearing for State conceded that the period of one year mentioned in the order under section 112, Cr.P.C. had expired. He did not oppose quashment of the proceedings pending in Court of the S.D.M., Baldia under section 107, Cr.P.C. Perusal of the police report shows that the S.D.M., Baldia S.H.O., Baldia has misconceived the provisions of law while the. S.H.O. has taken arbitrary action against the applicant. . Before taking action under section 107, Cr.P.C. the Magistrate is required to see if the person proceeded against is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may occasion a breach of the peace or disturb the public tranquillity. In the present case the allegation against the applicant was in respect of a single incident, when he allegedly questioned Inspector Nisar Hussain for detaining one Niaz Hussain. Due to such questioning a person cannot be considered to be likely to commit a breach of the peace. Section 107, Cr.P.C. has to be used to protect persons exercising their legal rights. Section 107, Cr.P.C. cannot be used to interfere with exercise of legal rights by the persons. Moreover if act. of the applicant is not .wrongful by itself, it cannot become wrongful because somebody else's susceptibilities are likely to be hurt. Furthermore, all the witnesses cited against the applicant are police officers. The period for which the applicant would be bound down under section 118, Cr.P.C. has been over. For the foregoing reasons, the proceedings pending against the applicant in Court of the S.D.M:, Baldia are quashed and this application stands accepted accordingly. N.H.Q./M‑1969/K Proceedings quashed.