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Petitioner: Ch. MUHAMMAD BASHIR VS Respondent: THE STATE and 7 others-
Court Name: Sindh High Court Judge(s): Abdul Razzaq A. Thaim Title: Ch. MUHAMMAD BASHIR vs THE STATE and 7 others- Case No.: Criminal Miscellaneous Petition No. 301 of 1983 Date of Judgment:1985-09-16 Reported As: 1986 P Cr. L J 78 Result: Proceedings quashed
JUDGMENT
JUDGMENT This is an application under section 561-A, Cr.P.C. For quashment of proceedings under sections 107 and 117(3) of the Criminal Procedure Code, pending in the Court of Assistant Commissioner and S.D.M. Central, Karachi. The brief facts are that S.H.O. Police Station, Brigade, Karachi on 26-6-1982 filed a report under section 107, Cr.P.C. In the Court of Assistant Commissioner and S.D.M. Central against the petitioner Chaudhry Bashir and seven others. An order under section 112, Cr.P.C. Was passed by the S.D.M. Directing the petitioner to show cause, why he should not be required to execute bond in the sum of Rs.5,000 with one surety for maintaining peace for one year. The applicant on 11-4-1983 challenged the proceedings and applied for quashment. I have heard the applicant who appeared in person and Mr. Shaikh Inamullah, for the State. I have also perused the record. The contention of the petitioner is that he has been falsely implicated by the Police because he is a social worker and used to complain against highhandedness of the Police. State counsel has rightly submitted that A more than three years have passed and there 1s nothing to show that petitioner had any time indulged in any activity prejudicial to the peace and tranquillity of the area. He has supported the quashment of the proceedings. The petitioner has submitted so many documents in support of his contentions establishing enmity with Police. The report of present proceedings were filed on 26-6-1982, and on 10 hearings the case did not proceed and quashment was filed. The B applicant was directed to maintain peace for one year and by now more than 3 years have passed. In my view, the proceedings by now have become
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infructuous. I allow the application and quash the proceedings against the applicant. Record and proceedings be returned.