1987 PLP 1464 (MLD)
MUHAMMAD ABID — Petitioner Versus THE STATE — Respondent
| Citation | 1987 PLP 1464 (MLD) |
| Forum / Court | Karachi |
| Bench Members | Abdul Qadeer Chaudhry, J |
| Parties | MUHAMMAD ABID — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1987 PLP 1464 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 1464 (MLD)?
The case was heard and decided by the Karachi bench comprising: Abdul Qadeer Chaudhry, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 1464 (MLD) (MUHAMMAD ABID — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Iftikhar Ali for Petitioner.
- Date of hearing: 30th October, 1986.
Headnotes / Summary
S.561-A--Sind Crimes Control Act (IV of 1975), Ss.5 & 14--Quashing of proceedings--Processes although issued yet service not effected upon petitioner and as such nature of allegation not clear--Quashment declined. Syed Manzoor Hussain Shah v. S. Agha Hussain Naqvi and State 1983 S C M R 775 ref. Zahir Ahmad Qureshi for the State.
Judgment & Decree
Syed Manzoor Hussain Shah v. S. Agha Hussain Naqvi and State 1983 S C M R 775 ref. Iftikhar Ali for Petitioner. Zahir Ahmad Qureshi for the State. Date of hearing: 30th October, 1986. A complaint under section 14 of the Sind Climes Control Act was filed in the Court of S.D.M. Central Karachi by the S.H.O. Police Station Brigade Karachi with a request that non-bailable warrants against the present applicant may be issued. The applicant has filed this application for the quashment of the proceedings pending in the Court of S.D.M.
2. The contention of the learned counsel for the applicant is that non-bailable warrants have been issued against the applicant. Learned counsel appearing on behalf of the State has placed on record a letter of the S.D.M. Central addressed to the Advocate-General Sind, dated 1-10-1986 wherein he has stated that the case was registered on 29-7-1986 and Non-Bailable Warrants were ordered to be issued but the process was not issued. Thereafter the case was adjourned to 5-8-1986 and 28-8-1986. Non-Bailable Warrants were ordered to be issued and accordingly processes were issued but the same were not received back served or unserved. On 24-9-1986 bailable warrant was issued and it was received back unserved. The service has not been effected upon the applicant therefore the nature of the allegation is not clear. Unless the service as required under section 5 of the Act is effected upon him and the allegations are known the application for quashment is not maintainable. Learned counsel for the applicant has referred to the case of Syed Manzoor Hussain Shah v. S. Agha Hussain Naqvi and State reported in 1983 S C M 3 775 and submitted that the jurisdiction of the High Court is very wide. There is no dispute with this proposition but each case is to be decided on its own merits. In this case it has been observed that the facts would show that the complainant's case is based on the facts which are not spelt out from those mentioned in the petition, and the case is intended. merely to harass the respondent. This case is distinguishable and therefore not applicable to the present case. The application is dismissed. S.G.D./M-162/ K Petition dismissed.