ALLAH BAKHSH Versus THE STATE

ORDER

1. A perusal of the report of the S.H.O. shows that the allegations against the petitioner are vague and general and do not fulfil the mandatory requirement under sections 5 and 6 of the Sind Crimes Control Act, 1975.

2. In the circumstances of this case where the petitioner was already under detention, but apparently it was not necessary to issue non-bailable warrants and no specific reasons have been given by the learned S.D.M. for issuance of non-bailable warrants to the petitioner and in view of the vague and general allegations against the petitioner, learned A.A.G. concedes that the proceedings against the petitioner are liable to be quashed.

3. Cr. Misc. 193 of 1988 is allowed and the proceedings pending and orders passed by the learned S.D.M. against the petitioner under the Sind-Crimes Control Act, 1975 are quashed.

4. Mr. Sardar Mohammad Ishaque informs that the petitioner is in jail. A copy of this order may be sent to the Superintendent Central Prison, Karachi that the petitioner Allah Bakhsh alias Tallo son of Miskan Khan be released if he is not required in any other case.

5. M.Y.H./A-387/K Proceedings quashed.