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Petitioner: GUL MUHAMMAD VS Respondent: STATE
1983 P Cr
1983 P Cr. L J 569
[Karachi]
Before Ajmal Mian, J
GUL MUHAMMAD‑Applicant
Versus
THE STATE‑Respondent
Criminal Miscellaneous Application No. 94 of 1982, decided on 17th November, 1982.
Criminal Procedure Code (V of 1898)‑
‑‑ S. 561‑A read with S. 110‑Quashment of proceedings‑Preventive proceedings‑Similar proceedings under S. 110, Cr. P. C. on basis of same cases referred in present application, already stand quashed by High Court‑Station House Officer, held, not justified in initiating another proceedings under S. 110, Cr. P. C. on basis Of same material‑Proceedings, quashed, in circumstances.
Madad Ally Shah for Applicant.
A. A. Muhammad Ali, Asstt. A.‑G. for the State.
Date of hearing : 17th November, 1982.
JUDGMENT
This is a Cr. Misc. Application under section 561‑A, Cr. P. C. for quashment of proceedings initiated before the S. D. M. City Hyderabad, by the S. H. O. Police Station Cantonment, Hyderabad under section 1_10, Cr. P. C. and the process issued thereupon. The main grievance of the petitioner is the similar proceedings under section 110, Cr. P. C. on the basis of the same cases referred in the above application, was quashed by the High Court by a judgment dated 13th February, 1980, but the S. H. O. initiated fresh proceeding on the basis of the same case. 14 It has also been contended that the application contains general and vague allegations. Mr. A. A. Muhammad Ali, learned A. G. does no support the aforesaid proceedings and the order passed thereon.
I am inclined to hold that in view of the judgment of the High Court in Cr. Misc. Application No. 1007/79 dated 13th February, 1980, the S. H. O. was not justified in initiating another proceeding under section 110, Cr. P. C. on the basis of the same material. I, therefore, quash the proceeding and the order passed thereon.
The petitioner shall be set at liberty unless he is required in sour other case or law other than instant case.
Proceedings quashed.