1988 P Cr (PLP)
ALLAH BAKHSH — Petitioner Versus THE STATE — Respondent
| Citation | 1988 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | Nasir Aslam Zahid, J |
| Parties | ALLAH BAKHSH — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1988 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 P Cr (PLP)?
The case was heard and decided by the Karachi bench comprising: Nasir Aslam Zahid, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 P Cr (PLP) (ALLAH BAKHSH — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sardar Mohammad Ishaque for Petitioner.
Headnotes / Summary
S. 561-A--Sind Crimes Control Act (IV 9f 1975), Ss. 5 & 6- Quashing of proceedings--Allegations against accused vague and general in nature and not fulfilling mandatory requirement of Ss.5 & 6 of Sind Crimes Control Act--Accused already under detention--No specific reasons given by Sub-Divisional Magistrate for issuing non bailable warrant--Pending proceedings and order passed by Sub-Divisional Magistrate against accused quashed in circumstances. A.A. Mohammadally, A . A .-G . Sind for the State.
Judgment & Decree
S. 561-A--Sind Crimes Control Act (IV 9f 1975), Ss. 5 & 6- Quashing of proceedings--Allegations against accused vague and general in nature and not fulfilling mandatory requirement of Ss.5 & 6 of Sind Crimes Control Act--Accused already under detention--No specific reasons given by Sub-Divisional Magistrate for issuing non bailable warrant--Pending proceedings and order passed by Sub-Divisional Magistrate against accused quashed in circumstances. Sardar Mohammad Ishaque for Petitioner. A.A. Mohammadally, A . A .-G . Sind for the State. A perusal of the report of the S.H.O. shows that the allegations against the petitioner are vague and general and do not fulfil the mandatory requirement under sections 5 and 6 of the Sind Crimes Control Act, 1975. In the circumstances of this case where the petitioner was already under detention, but apparently it was not necessary to issue non-bailable warrants and no specific reasons have been given by the learned S.D.M. for issuance of non-bailable warrants to the petitioner and in view of the vague and general allegations against the petitioner, learned A.A.G. concedes that the proceedings against the petitioner are liable to be quashed. Cr. Misc. 193 of 1988 is allowed and the proceedings pending and orders passed by the learned S.D.M. against the petitioner under the Sind-Crimes Control Act, 1975 are quashed. Mr. Sardar Mohammad Ishaque informs that the petitioner is in jail. A copy of this order may be sent to the Superintendent Central Prison, Karachi that the petitioner Allah Bakhsh alias Tallo son of Miskan Khan be released if he is not required in any other case. M.Y.H./A-387/K Proceedings quashed.