1986 P Cr (PLP)

‑‑‑Ss. 110 & 561‑A‑‑Proceedings under S. 110, Criminal Procedure Code‑‑Prosecution, held, was bound to state in complaint specific instances which could show that a person was desperate and dangerous. 1980 P Cr. L J 953; 1983 P Cr. L J 205; 1983 P Cr. L J 2459 and 1983 P Cr. L J 1091 ref. Muhammad Ali Shaikh for Petitioner. S. Sarfraz, A.A.‑G. for the State. Date of hearing: 24th October, 1985. This petition under sections 435, 439 and 561‑A, Cr.P.C. is directed against the proceedings under section 110, Cr.P.C. pending against the petitioner in the Court of S.D.M. Thatta. Petitioner Ali son of Soomar Machi was alleged to be actually arrested on 12‑9‑1982 but was shown to have been arrested on 3‑10‑1982 by S.H.O. Fateh Ali Shah of Police Station Jhirak. On 4‑10‑1982 he was produced in the Court of S.D.M. Thatta with a report under section 110, Cr.P.C. General allegations were levelled against him, of his being thief, Badmash and it was shown that he was challaned in certain cases. The petitioner however claimed that in all those cases he was honourably acquitted. An application under section 117(3) of Cr.P.C. was also moved but without recording any evidence and without passing any order either under section 117(3) or even under section 112, Cr.P.C. learned S.D.M. remanded the applicant /accused to custody. On behalf of petitioner an application was made for bail but the learned S.D.M. neither granted bail to him nor accepted surety offered by him, Hence he was left with no other alternative but to come to this Court as shown above. I have heard Mr. Muhammad Ali Shaikh for petitioner at length. It has been contended by Mr. Shaikh‑ and rightly so that in Chapter proceedings the prosecution is bound to state in the complaint specific instances which could show that a person is desperate and dangerous. General allegations such as made in this complaint cannot be considered as sufficient. This proposition of law is so well‑settled that there is no necessity of citing. any ruling in its support. However, reference can be usefully made to Low Notes 1980 Kar. 55 where Zahoor‑ul‑Haq, J. has held that the prosecution is bound to state specific instances in the complaint which could prima facie show that a person is desperate and dangerous. In an other ruling reported in 1980 P Cr. L J 953 it was held that where a complaint under section 110, Cr.P.C. was filed without waiting for the result of criminal cases pending against the petitioner the same was premature and he could not be held to be a criminal by habit. In yet other rulings reported in 1983 P Cr. L J 205, 1983 P Cr. L J 2459 and 1983 P Cr. L J 1091 and in many other rulings similar view has been taken. I, therefore, accept the petition and quash the proceedings against, the petitioner. M.Y.H. Proceeding quashed.