ALLAH BACHAYO ALIAS LALA Versus SUB-DIVISIONAL MAGISTRATE, HYDERABAD

1. In this application under section 561‑A, Cr.P.C., proceedings against the applicant under section 110, Cr.P.C. pending in the Court of S.D.M., City Hyderabad in Case No. 233 of 1984 are challenged. Mr. Sohail Rashid, S.D. M. City Hyderabad is also present in person pursuant to the orders passed yesterday.

2. On going through the report made by the S.H.O. and also the order under section 112, Cr.P.C. passed by the learned S.D.M. more than 3 years' ago on 19‑4‑1984, it is apparent that no action or proceedings should have been taken on the information laid by the S.H.O. under section 110, Cr.P.C. The allegation in the report are vague, general in character and sweeping in nature. No particulars of time and places, when the applicant was supposed to have committed the acts complained of, are given. Then the order under section 112, Cr.P.C. had been passed more than 3years ago and surety was furnished by the applicant but the proceedings still go on.

3. In this connection reference may be made to the following reported decisions of this Court:

4. Mehar Khan v. The State 1975 P Cr. L J 257; Ali Sher v. S.D.M. Mirpur Mathelo and others 1982 P Cr. L J 750 and Photo v. The State 1983 P Cr. L J 2459.

5. The aforesaid three decisions support the contention of the learned counsel for the applicant that in the instant case no proceedings could be taken or orders passed against the applicant under section 110; Cr.P.C: for the reasons mentioned earlier in this order.

6. The learned S.D.M. is being supplied photostat copies of, the aforesaid three‑reported judgments and it is expected that in future when any information is laid before him by the police under section 110, C ..P. C : and the learned S. D . M . is considering such report for the purpose of taking a decision whether such report of the police is to be entertained and further proceedings are to be taken against the person reported against, the learned S.D.M. will keep in mind. The principles laid down by this Court from time to time and specially the principles laid down in the aforesaid three reported decisions of this Court in respect of proceedings under section 110, Cr.P.C. and take further action strictly in the light of such principles.

7. Criminal Miscellaneous Application No. 262 of 1987 is allowed and the proceedings pending and orders passed against applicant Allah Bachayo alias Lal son of Mohammad Soomar in Case No. 293 of 1984 under section 110, Cr.P.C. pending in the Court of S.D.M City Hyderabad are hereby quashed.

8. S.A./A‑208/K Proceedings quashed.