MUHAMMAD ISLAM Versus STATE

1. This is an application under section 561, Cr.P.C. for quashment of proceedings pending against the applicant under section 14 of the Sindh Crime Control Act, 1975, before the learned S.D.M. Orangi Town, Karachi.

2. The brief facts giving rise to the present application are that a report was filed before the learned S.D.M. against the applicant, inter alia alleging therein that he is notorious criminal and dangerous person. He picks up quarrel with every one without any reason. He is gangster and was previously involved in a murder case. He issues threats to the public with the result that nobody from the public is prepared to give evidence against him, his remaining at large will be hazardous to the general public and, therefore, it was prayed that action under section 14 of Sindh Crime Control Act be taken against him.

3. In the list of cases it has not been stated that the applicant was a previous convict, anti in the list of witnesses only members of the police have been shown as witnesses.

4. It was contended by Mr. Khawaja Sharful Islam, learned counsel for the applicant that the allegations made against the applicant are vague and general in nature. That the applicant is not a previous convict, and there were no grounds for initiating proceedings against him under section 14 of the above Act. Learned S.D.M. had taken cognizance mechanically.

5. Mr. Salman Ansari, learned counsel appearing for the State has` contended that in view of the above grounds he has no objection if the proceedings are quashed.

6. I have considered the contentions. It is admitted position that the allegations made in the complaint/report are general and vague in nature as no time, date and place of the acts committed has been mentioned in the report. The report does not show that the applicant is a previous convict. The provisions of Sindh Crime Control Act are meant for notorious criminals, and it appears that the learned S.D.M. had taken cognizance mechanically without applying his mind to the facts of the case. There were no grounds fop initiating proceedings against the applicant under section 14 of the Sindh Crime Control Act. In view of the above reasons, the application is allowed and the proceedings pending against the applicant are hereby quashed.

7. H.B.T./M‑1491/K Proceedings quashed.