2001 PLP 2519 (YLR)

Present applicant is seeking quashment of the proceedings in a case being Tola No.2 of 1999 under section 14 of Sindh Crimes Control Act, registered with Police Station Bhit Shah, and the proceedings are pending trial before learned Sub-Divisional Magistrate/Tribunal, Matiari. Report has been submitted under section 14, Sindh Crimes Control Act by S.H.O. Khuda Bux of Police Station Bhit Shah wherein he has stated that the applicant is notorious type of person and is criminal and harbours the culprits. So, many culprits visited his house and they keep stay with him and they are served with meals. He also provides them weapons. He also takes active part in robbery cases and retains illegal weapons and he is habitual criminal and the people of the locality are scared to him, therefore, no one is comino forward from public to depose against him. He has been shown involved in Crime No.55 of 1999 under section

20. Haraba Ordinance of Police Station Oderolal and Crime No.57 of 1999 under section 13-D, Arms Ordinance of Police Station Oderolal. Witnesses have been cited complainant S.H.O. himself, H.C. 1178 Muhammad Hanif Police Station Bhit Shah and P.C. 5237 Muhammad Essa Police Station Bhit Shah and submitted challan before the Sub-Divisional Magistrate/Tribunal, Matiari. Mr. Nisar Ahmed Unar, learned counsel for the applicant has contended that the allegations in report are vague and stereo type. According to him he has been shown implicated in Crime No.5 of 1999 in which he has been acquitted by the learned VIIth Additional Sessions Judge Hyderabad and in support of his contention he has placed on record the photostat copy of the judgment passed by learned VIIth Additional Sessions Judge in Crime No.55 of 1999 under section 20, Haraba Ordinance and 392, P. P. C. registered with Police Station Oderolal. With regard to Crime No.57 of 1999 under section 13-D, Arms Ordinance registered with Police Station Oderolal. The learned counsel for the applicant has submitted at the Bar that he is on bail in Crime No.57 of 1999. According to him no witness from the locality has been associated by the police and there is no evidence with S.H.O. against the present applicant that he is notorious type of person or he harbours the culprits or gives them shelter and provides meals, etc. On the other hand Mr. Ali Azhar Tunio, learned Assistant Advocate-General, Sindh, has very frankly recorded his no objection to the quashment of the proceedings of case being Tola No.2 of 1999 pending trial before Sub-Divisional Magistrate/Tribunal Matiari by contending that the allegations in report are of general nature and the applicant is already granted bail in Crime No. 57 of 1999 whereas in Crime No.55 of 1999 he has been acquitted by the trial Court. I have considered the arguments rendered by the learned counsel for the parties and have gone through the report. Admittedly the present applicant has been shown involved in Crime No.55 of 1999 in which he has been acquitted by the trial Court. As far as Crime No.57 of 1999 is concerned he is on bail. In report two policemen have been cited as Mashirs and the complainant is S.H.O. himself. There is nothing to suggest that any witness from the locality has been associated by S.H.O. to substantiate his contentions with regard to the present applicant and there is nothing with the prosecution to establish its case against the applicant that he is a notorious type of person or he harbours the culprits or gives them shelter and provides them meals, etc. In view of the objection recorded by the learned A.A.-G. for the State and the law cited by the learned counsel for the applicant I am of the considered view that no offence is made out under section 14, Sindh Crimes Control Act and accordingly the proceedings of case being Tola No.2 of 1999 pending trial before S.D. M./Tribunal, Matiari are quashed. Applicant is on bail and his bail bond and surety stand discharged. H.B.T./S-145/K Proceedings quashed.