1991 P Cr (PLP)

Abdul Fatah Kazi for A: G. for the State. Nemo for Respondents Nos.2 to

4. Date of hearing: 27th January, 1991. The question that has been raised in this application filed under section 561-A, Cr.P.C. relates to the interpretation of subsection (2) of section 107, Cr.P.C.

2. Applicant Haji Muhammad Salim is the Director of Central Cotton Mills, having its registered office at Karachi. The respondents Nos.2 to 3 are the officers of the said mills which is situated at Dhabeji, district Thatta. There is an industrial dispute between the management and. representatives of the workers of the said mills and such cases between the parties are pending adjudication before the National Industrial Relations Commission at Karachi. It is alleged that there is imminent danger of breach of peace at the hands of the applicant and respondents Nos. 2 to 4, and consequently the S.H.O. Gharo Police Station submitted a report before Assistant Commissioner and S.D.M. Mirpur Sakro for taking action against these persons under section 107, Cr.P.C. The learned Magistrate took cognizance against the applicant and respondents Nos. 2 to 4, which is challenged by the applicant who has invoked the inherent jurisdiction of this Court seeking quashment of proceedings pending against him in the Court of Assistant Commissioner and S.D.M. Mirpur Sakro, under section 107, Cr.P.C.

3. I have heard Mr. Khawaja Naveed Ahmed, learned counsel for the applicant and Mr. Abdul Fatah Kazi, learned counsel for the State. The latter has opposed the prayer of applicant for quashment of the proceedings.

4. The main rather the only objection raised on behalf of applicant is about the territorial jurisdiction of the S.D.M. Mirpur Sakro, and it is contended with force that since the applicant is residing at Karachi out-side the territorial jurisdiction of S.D.M. Mirpur Sakro, the cognizance taken against him was without Jurisdiction. Subsection (2) of section 107, Cr.P.C. which is relevant in this behalf provides as follows:-- "Proceedings shall not be taken under this section unless either the person informed against or the place where the breach of the peace or disturbance is apprehended, is within the local limits of such Magistrate's jurisdiction, and no proceedings shall be taken before any Magistrate, other than a District Magistrate, unless both the persons informed against and the place where the breach of the peace or disturbance is apprehended, are within the local limits of the Magistrate's jurisdiction."

5. From a bare persual of this provision of law it is clear that the proceedings under section 1117, Cr.P.C. can be taken against the person informed against who resides within the territorial jurisdiction of a Magistrate or in whose jurisdiction the place where the breach of peace or disturbance is apprehended, is situated.

6. However, no proceedings shall be taken before any Magistrate other than a District Magistrate unless both the persons informed against and the place where the breach of the peace or disturbance is apprehended, are within the local limits of such Magistrate's jurisdiction. There is no dispute that the applicant is a Director of Central Cotton Mills Limited, a public company limited by shares, having its registered office at Karachi. The fact that the applicant is a resident of Karachi is also not in dispute and consequently, the proceedings under section 107, Cr.P.C. against him could have been taken by District Magistrate, Thatta and not by any other Magistrate. No doubt the mills where the breach of peace is apprehended is situated within the territorial jurisdiction of S.D.M. Mirpur Sakro and consequently he had jurisdiction to take congnizance in respect of persons who resided within the precinct of the mills or within the local limits of his jurisdiction.

7. The object of these proceedings is preventive and the High Court would be loath to entertain such application, but where there is lack of jurisdiction, it is the duty of the High Court to save the person from unnecessary harassment. Since the proceedings drawn against applicant under section 107, Cr.P.C. by S.D.M. Mirpur Sakro, are without jurisdiction, I would accept the application filed under section 561-A, Cr.P.C. and would quash the proceedings only in respect of the applicant. The case in respect of respondents Nos.2 to 4 will, however, proceed before the said Magistrate.

8. It is needless to observe that the above order is passed purely on technical grounds and it will not bar fresh proceedings against the applicant under section 107, Cr.P.C. before the District Magistrate, having jurisdiction. N.H.Q./M-1395/K Proceedings quashed.