1999 P Cr (PLP)
ABDUL RAZZAQ alias BABOO — Applicant Versus THE STATE and 2 others — Respondents
| Citation | 1999 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | ABDUL RAZZAQ alias BABOO — Applicant Versus THE STATE and 2 others — Respondents |
Q1: What are the key laws and sections cited in 1999 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 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: 1999 P Cr (PLP) (ABDUL RAZZAQ alias BABOO — Applicant Versus THE STATE and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Headnotes / Summary
Ss. 561-A, 107, 112 & 117
Accused seeking quashing of proceedings had contended that dispute between him and respondent was basically a case of civil nature and that taking criminal proceedings against him, was not justified
Parties had already compromised
Order under 5.112, Cr.P.C. was passed after two days of arrest of accused and no reason had been shown for such delay
Application of accused for quashing of proceedings, was not resisted by prosecution
Proceedings pending against accused were quashed in circumstances.
Judgment & Decree
Ch. A. Rashid for Applicant. Ghulam Mustafa Lakho for the State. Applicant seeks quashment of proceedings under sections 107 and 117, Cr.P.C. initiated against applicant in the Court of learned S.D.M., Arambagh Karachi South. The brief facts of the case of prosecution are that report was lodged by S.-I. Shaukat Awan of Police Station Kharadar, Karachi, to the effect that applicant and one Yousuf son of Haji Muhammad were on disputed terms over the matter of shop and usually quarrel and abuse each other. They also gave an application in writing as such proceedings under sections 107 and 117, Cr.P.C. were initiated against both of them finding an apprehension of breach of peace. The same were challaned before the Court of respondent No.2. Thereafter, an order under section 112, Cr.P.C. was passed on 17th of November, 1997 and the applicant was remanded to judicial custody. It is contended by Mr. Ch. A. Rashid, learned counsel for the applicant, that in fact there happens a dispute over the purchase of shop in between the applicant and the above Yousuf and basically it is a case of civil nature and taking of these proceedings against the applicant is not justified. According to him the applicant was arrested on 15-11-1997, whereas order under section 112, Cr.P.C. was passed on 17-11-1997 and no reason has been shown as to why it was delayed for two days as such his remand to judicial custody is illegal. He next contended that even otherwise the parties have compromised and there exists no dispute in between them. Mr. Ghulam Mustafa Lakho, learned counsel for the State, concedes and raises no objection to the quashment of proceedings. Accordingly, the proceedings pending against the applicant before the Court of learned S.D.M., Arambagh, Karachi South are quashed and Criminal Miscellaneous Application No.417 of 1997 is allowed. H.B.T./A-252/K Application allowed.