2000 P Cr (PLP)

By this criminal miscellaneous application the applicants Khadim Hussain, Ali Akbar, Aziz, Yakoob, Ghafoor all by caste Chachar, Tufail and Ghulam Mustafa by caste Syed have sought quashment of proceedings under sections 107, 150, Cr.P.C. pending before Mukhtiarkar and F.C.M., Kotri. The brief facts as disclosed in the report under sections 107, 150, Cr.P.C., dated 20-9-1999 submitted by S.I.P./S.H.O. Lutufullah of Police Station Amri before the Mukhtiarkar and F.C.M., Kotri are as under:-- "It is submitted that the respondents are residing within the jurisdiction of. the Court. There was dispute between Hussain Bux Rind and respondents over the agricultural land and such cognizable reports were registered against them and after usual investigation they were sent up to stand the trial. The respondents are influential and hot headed persons and dispute is pending between the parties, therefore, there is imminent apprehension of breach in peace between the parties. It is, therefore, requested that a report is submitted and warrants against the respondents may be issued. " The trial Magistrate after receipt of report stated hereinabove issued bailable warrants against the applicants. I have heard Mr. Noor Nabi G. Memoir; learned counsel for the applicants and Mr. Mukhtar Ahmed Khanzada, learned counsel on behalf of Advocate-General for the State. The latter conceded to the quashment of the proceedings. I have also perused the material placed on record as well as R&P of the case. The perusal of record shows that the report under sections 107, 150, Cr.P.C. was submitted before the trial Magistrate on 20-9-1999 and bailable warrants were issued against the applicants on 22-9-1999 so also order under section 112, Cr.P.C. was passed on 22-9-1999. The proceedings under section 107, Cr.P.C. are not penal but punitive in nature and for taking cognizance it is essential that information must be of a clear definite kind directly affecting the persons against whom proceedings are to be drawn up and it should also disclose the tangible facts and details. The act of each applicant was not clearly mentioned or disclosed in the impugned report. No names of the witnesses were mentioned in the report. It is envisaged under section 114, Cr.P.C. that if the person is not present in Court the Magistrate shall issue a summon requiring him to appear. The Court can issue warrants under exceptional circumstances but has to assign the reasons for the same. In the present matter no. reasons have been assigned by the trial Magistrate for issuing warrants in the first instance. It is contemplated under section 115, Cr.P.C. that every summon or warrant issued under section 114, Cr.P.C. shall be accompanied by a copy of the order under section 112, Cr.P.C. and such copy shall be delivered by the Officer serving or executing such summon or warrants to the person served with or arrested under the same. The perusal of record shows that no copy of order under section 112, Cr.P.C. was sent by the trial Magistrate to the applicants alongwith warrants. Consequently the proceedings pending before the trial Court against the applicants are nullity in the eye of law and their continuance will be an abuse of the process of the Court. Consequently the same are quashed. The applicants are on bail before the trial Court, their bail bonds stand discharged. By my short order, dated 24-1-2000 the present criminal miscellaneous application was allowed and above are the detailed reasons for the same. N.H.Q./K-11/K Proceedings quashed.