1993 P Cr (PLP)

Date of hearing: 17th June, 1993. This application has been filed by the applicant, Sardar alias Sardaro under section 561-A, Cr.P.C. for quashment of the proceedings pending against him in the Court of S.D.M./Tribunal, Garhi Yasin, District Shikarpur. The brief allegations made in the report by the S.H.O., Police Station Dakhan against the applicant filed before the S.D.M./Tribunal Garhi Yasin under section 14, Sindh Crimes Control Act are that the applicant is a habitual thief, commits thefts, restores stolen property on payment of Bhung. It is also alleged in the report that the applicant harbours thieves and helps criminals in commission of offences and he is so desperate and dangerous that nobody comes from public to give evidence against him. Some cases in which the applicant has been challaned are mentioned in the report. Learned counsel for the applicant states that not a single private person has been cited as witness in this case. He has further contended that none of the cases mentioned in the report have been decided so far, as such the applicant cannot be considered as previous convict or habitual offender. According to him, only S.H.O. and one H.C. has been cited as witnesses. Learned counsel has further contended that the provisions of sections 5 and 6 have not been complied with and as such continuation of proceedings against the applicant pending in the Court of S.D.M./Tribunal, Garhi Yasin are abuse of-the process of Court, as such he has vehemently argued that the proceedings against the applicant be quashed. Learned counsel for the State has conceded that continuation of proceedings against the applicant will be abuse of the process of Court. He has further stated that the proceedings may be quashed. It has been held in 1990 P Cr. L J 1249, by our High Court that in that case the allegations against the accused were vague and general in nature inasmuch as no specific instance with time, date and place of the acts complained were mentioned in the report and the cases against the accused mentioned in the report were still pending before Courts and the accused was not alleged to be previous convict of any substantive offence. It was held that the proceedings under the Sindh Crimes Control Act are meant for hardened criminals and in fact, there was no ground for taking proceedings against the accused under section 14 of the Act, as such the proceedings were ordered to be quashed. In a recent judgment of our High Court reported in 1992 P Cr. L J 789 it has been held that where allegations made by the Police Officer against the petitioner were of general nature and no instance of commission of any acts alleged against the applicant has been specifically given and in three cases in which the petitioner was challaned but no conviction had yet been recorded against him, cognizance taken by the S.D.M./Tribunal was not in accordance with the provisions of the Sindh Crimes Control Act. I have gone through the record and proceedings of this case and find! that even cases which are mentioned in the report of the police are of years 1980 and 1982; whereas the proceedings against the applicant under the Sindh Crimes Control Act have been initiated in the year 1992. Even according to the, police report in none of the cases the applicant has been convicted. Not a Tingle person from the public has been cited as witness in the report. It appears further from the record that the report of the S.H.O. does not mention relevant clause of section 14 of the Sindh Crimes Control Act covering the petitioner's act. Apart from non-compliance of the requirements of sections 5 and 6 of the Sindh Crimes Control Act not a single private person has been cited as witness in the report of the police in this case. Relying upon the observations made in various judgments of our High Court, I am of the view that the proceedings against the applicant have not been lawfully taken and as such continuation of the proceedings will be abuse of the process of Court. As a result of the above discussions, the proceedings against the applicant pending in the Court of S.D.M./Tribunal Garhi Yasin are hereby, quashed. The applicant has already been released on bail. His bail bonds are discharged. Records and proceedings of the case be sent back to the Court of S.D.M./Tribunal Garhi Yasin. I had disposed of this application and quashed the proceedings by a short order on 17-6-1993 and these are the reasons for the same. N.H.Q./S-1007/K Proceedings quashed.