1992 P Cr (PLP)
SAFFAR — Petitioner Versus THE STATE — Respondent
| Citation | 1992 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | SAFFAR — Petitioner Versus THE STATE — Respondent |
| Primary Law | (b) Sindh Crime Control Act ff of 1975), (a) Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1992 P Cr (PLP)?
This judgment primarily cites: (b) Sindh Crime Control Act ff of 1975), (a) Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 P Cr (PLP)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 P Cr (PLP) (SAFFAR — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- G.M. Qureshi for Petitioner.
Headnotes / Summary
S. 561-A
Sindh Crimes Control Act (IV of 1975), S.4/14
Report filed by Station House Officer of Police Station upon which cognizance was taken by Sub-Divisional Magistrate, showed that allegations levelled against accused were of general nature and were vague-- No instance of commission of any acts alleged against accused had specifically been given
No doubt, three cases had been mentioned in which accused was allegedly involved, but report of S.H.O. showed that accused had only been challaned in said cases, but he was not convicted in any of them
Sub Divisional Magistrate having not proceeded in accordance with provisions of. Act IV of 1975, order passed by him mechanically and without application of mind, could not sustain, proceedings were accordingly quashed.
S. 4/14
Where allegations made by police against petitioner were of general nature and no instances of commission of any acts alleged against petitioner were supplied and in . the three cases in which petitioner was challaned no conviction had yet been recorded against him, the cognizance by Sub-Divisional Magistrate was not in accordance with the provisions of Act IV of 1975.
Judgment & Decree
(b) Sindh Crime Control Act ff of 1975)
S. 4/14
Where allegations made by police against petitioner were of general nature and no instances of commission of any acts alleged against petitioner were supplied and in . the three cases in which petitioner was challaned no conviction had yet been recorded against him, the cognizance by Sub-Divisional Magistrate was not in accordance with the provisions of Act IV of 1975. G.M. Qureshi for Petitioner. Habibur Rasheed for the State. Dale of hearing: 24th October, 1991. This application has been filed by the petitioner under section 561-A, Cr.P.C. The petitioner has impugned the order passed by the Sub-Divisional Magistrate, Mehar, under section 4/14 of the Sindh Crimes Control Act, 1975. The report filed by the S.H.O. upon which cognizance was taken by the learned S.D.M., shows that the allegations levelled against the petitioner are of general nature and the same also appear to be vague. No instances of commission of any acts alleged against the petitioner have been specifically given. No doubt, three cases have been mentioned in which the petitioner is allegedly involved but it appears from the report of the S.H.O. that the petitioner has only been challaned in the said cases and consequently, there is nothing to show that the petitioner had been convicted in any of the said cases. The cases in which the petitioner is said to be involved are under section 13-D of the Arms Ordinance and section 399/401, P.P.C. The aforesaid circumstances indicate that the learned S.D.M. Mehar, I has not proceeded in accordance with the provisions of the Sindh Crimes A Control Act. The order passed by him shows that the same has been mechanically passed without any application of mind. In the result, this petition is allowed and the proceedings pending against the petitioner before the learned S.D.M. Mehar are quashed. H.B.T./S-846/K Petition allowed.