1992 PLP 550 (MLD)
MUHAMMAD ISLAM‑‑‑Applicant Versus THE.STATE‑‑‑Respondent
| Citation | 1992 PLP 550 (MLD) |
| Forum / Court | Karachi |
| Bench Members | Allahdino Menton, J |
| Parties | MUHAMMAD ISLAM‑‑‑Applicant Versus THE.STATE‑‑‑Respondent |
Q1: What are the key laws and sections cited in 1992 PLP 550 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 PLP 550 (MLD)?
The case was heard and decided by the Karachi bench comprising: Allahdino Menton, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP 550 (MLD) (MUHAMMAD ISLAM‑‑‑Applicant Versus THE.STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Headnotes / Summary
Criminal Procedure Code (V of 1898)‑ ‑‑‑S.561‑A‑‑‑Sindh Crimes Control Act (IV of 1975), S.14‑‑‑Quashing of proceedings‑‑‑Allegations made against accused in complaint were that accused was notorious criminal, dangerous person and a gangster who had issued threats to public‑‑‑Allegations were general and vague in nature as no time, date and place of acts alleged to have been committed by accused, had been mentioned in complaint against accused‑‑‑Complaint did not show that accused was a previous convict‑‑‑Provisions of Act, 1975 were meant for notorious criminals but the statutory functionary had taken cognizance mechanically without applying his mind to facts of case‑‑‑In absence of grounds for initiating proceedings against accused under section 14 of the Act, proceedings pending against accused were ordered to be quashed. Khawaja Sharful Islam for Applicant. Salman Ansari for the State. Date of bearing: 31st October, 1990.
Judgment & Decree
Khawaja Sharful Islam for Applicant. Salman Ansari for the State. Date of bearing: 31st October, 1990. This is an application under section 561, Cr.P.C. for quashment of proceedings pending against the applicant under section 14 of the Sindh Crime Control Act, 1975, before the learned S.D.M. Orangi Town, Karachi. The brief facts giving rise to the present application are that a report was filed before the learned S.D.M. against the applicant, inter alia alleging therein that he is notorious criminal and dangerous person. He picks up quarrel with every one without any reason. He is gangster and was previously involved in a murder case. He issues threats to the public with the result that nobody from the public is prepared to give evidence against him, his remaining at large will be hazardous to the general public and, therefore, it was prayed that action under section 14 of Sindh Crime Control Act be taken against him. In the list of cases it has not been stated that the applicant was a previous convict, anti in the list of witnesses only members of the police have been shown as witnesses. It was contended by Mr. Khawaja Sharful Islam, learned counsel for the applicant that the allegations made against the applicant are vague and general in nature. That the applicant is not a previous convict, and there were no grounds for initiating proceedings against him under section 14 of the above Act. Learned S.D.M. had taken cognizance mechanically. Mr. Salman Ansari, learned counsel appearing for the State has` contended that in view of the above grounds he has no objection if the proceedings are quashed. I have considered the contentions. It is admitted position that the allegations made in the complaint/report are general and vague in nature as no time, date and place of the acts committed has been mentioned in the report. The report does not show that the applicant is a previous convict. The provisions of Sindh Crime Control Act are meant for notorious criminals, and it appears that the learned S.D.M. had taken cognizance mechanically without applying his mind to the facts of the case. There were no grounds fop initiating proceedings against the applicant under section 14 of the Sindh Crime Control Act. In view of the above reasons, the application is allowed and the proceedings pending against the applicant are hereby quashed. H.B.T./M‑1491/K Proceedings quashed.