1991 P Cr (PLP)

Salman Ansari for the State. Date of hearing: 17th September, 1990. This is an application under section 561-A, Cr.P.C. for the quashment of proceedings pending against the applicant under section 14 of Sindh Crimes Control Act, 1975 before A.C. and S.D.M., New Karachi. The brief facts giving rise to the present application are that on 22-1-1990 S.H.O. Syed Bahadur Ali tiled a report under section 14 of Sind Crimes Control Act, 1.975 before the learned S.D.M., New Karachi, inter alia alleging therein that the applicant has no source of livelihood and thrives on fraud and cheating. He is a black-mailer by habit and lives on black-mailing the people. He is so desperate and dangerous. That no one is prepared to give evidence, against him. It was therefore, prayed that necessary action be taken against the respondent/applicant. In the list of cases 2 cases have been mentioned, one under sections 104 420 and 170, P.P.C, while the other case under section 292/34, P.P.C. In the list of witnesses only police officials have been mentioned. It has been contended by Mr: Hasan Imam Rizvi learned counsel appearing for the applicant, that the proceedings initiated against the applicant were mala fide and baseless. It was further contended that even report itself shows that out of the two cases mentioned in the report, one is still under investigation while the other is sub judiee before Court. The applicant has never been convicted by any Court. The allegations are general and vague in nature and there were no reasons for the learned S.D.M applicant to issue N.B.Ws. against the Mr. Salman Ansari; learned counsel appearing for the State has contended that in view of the above circumstances he has no objection if the proceedings are quashed. I have considered the contentions and have gone through the record of the case. It is an admitted position, that even according to the report one case is still under investigation, while the other case is pending against the applicant before the Court and he has not been convicted in any case. The report further shows that not a single,witness from the public has been cited as a witness. The bare reading of report shows that it is vague and general in nature. There were no 8 reasons fur the learned S.D.M. to issue N.B.Ws, against the applicant. It has been contended by Mr. Hasan Imam Rizvi that even copies of P.I.Rs, of two cases were not supplied to the applicant and therefore, there was contravention of the provisions under sections S and o of the above case. In view of the above circumstances, this application is allowed and the proceedings pending against the applicant are hereby quashed. S.A./M-1413/K Application accepted.