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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: RAEES AHMED VS Respondent: THE STATE and anothers
Court Name: Sindh High Court Judge(s): Muhammad Roshan Essani Title: RAEES AHMED vs THE STATE and anothers Case No.: Criminal Miscellaneous Application No,54 of 1997 Date of Judgment:1998-06-19 Reported As: 1999 MLD 2253 Result: Proceedings quashed
Judgment ORDER ' Applicant Raees Ahmed has filed present application under section 561-A, Cr.P.C. For quashment of proceedings under sections 107, 117 and 151, Cr.P.C. Pending against him before the Assistant Commissioner and S.D.M., Landhi/Korangi, Karachi (East). ' Applicant and his counsel were called absent. Since matter was old, I decided to proceed with it. ' Mr. Muhammad Ismail Memon, learned counsel for the State has supported the impugned order. ' The order under section 112, Cr.P.C. Is reproduced hereinbelow in extenso:-- ' Order under section 112, Cr.P.C. ' Whereas, it has been made to appear to me by credible information from S.H.O., Police Station Korangi that {{URDU TEXT}} ' and on the basis of that information I am satisfied that you are likely to commit breach of peace or by which break of peace will probably be occasioned. ' You are, therefore, hereby required to show cause why you should not be entered into a personal bond in the sum of Rs,10,000 each to keep peace for a period of one year with one surety in the like amount and that you keep the peace for the said term. ' Given under my hand and seal of the Court. This 14th day of December, 1996. (Sd.) (Asstt. Commissioner & SDM, Landhi/Korangi. Karachi East ' Order under section 113, Cr.P.C. ' The opponent produced in Police custody and the substance of the order under section 112., Cr.P.C. Read over and explained to the opponent in the language to which he/they understand.
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(Sd.) (Asstt. Commissioner & SDM, Landhi/Korangi)" The order under section 112, Cr.P.C. Shows that it was passed in a mechanical manner without applying judicial mind. It appears to be a cyclostyle one and Magistrate has only filled in the blanks. ' The order under section 112, Cr.P.C. Was passed on 14-12-1996 for a period of one year. The period of one year expired on or about 14-12-1997 and we are now in 1998, even on this score proceedings have become infructuous. Consequently, application under section 561-A, Cr.P.C. Is allowed and proceedings pending before the Court of Assistant Commissioner and S.D.M., Landhi/Korangi, Karachi (East), in Case No, of 1996 (State (Dilbari Begum) v. Rais Ahmed), are hereby quashed.