KHAMISO NAREJO Versus THE STATE

Application under section 561; A, Cr.P.C. has been filed on behalf of applicant for quashment of proceedings pending against him before learned S.D. M./Tribunal, Garhi Yasin. Allegations levelled against the applicant are that he commits thefts, harbour thieves, returns stolen property on payment of Bhung money, carries dangerous weapons without licence and is so dangerous and hazardous that none is prepared to depose against him and his remaining at large is detrimental to the public peace and tranquillity. The learned S.D.M./ Tribunal on receipt of police report issued N.B.Ws. against the petitioner on 14-4-1996. The witnesses shown in, the police report are police personnels.

2. Mr. Syed Aijaz Ali Shah has contended that learned S.D.M./Tribunal issued N.B.Ws. against the petitioner on receipt of police report without holding enquiry as contemplated under section 5-6 of Sindh Crimes Control Act. The N.B.Ws. against the petitioner were issued without assigning any sound reasons, not a single private person has been cited as witness in the report, in police report Crime No.29/91 under section 302, P.P.C. is cited pending against the petitioner in the Courts, and in Crime No.4/93 under section 382, P.P.C. petitioner is shown as suspected during investigation. Mr. Syed Aijaz Ali Shah has further contended that allegations levelled against the applicant are of vague and general nature and two cases have been shown, which are pending against the applicant, whereas the conviction is not alleged by the prosecution and adverse inference of pending cases is not to be drawn against the applicant. Learned counsel has referred 1989 PCr.LJ 756, 1992 PCr.LJ 979, 1987 PCr.LJ 55.

3. I have gone through the material placed with the case and order of the learned S.D.M./Tribunal and have also perused the authorities referred by Mr. Syed Aijaz Ali Shah, Advocate.

4. Learned counsel for petitioner submitted that the proceedings against the applicant have been initiated by the police on vague report without mentioning particulars whatsoever of the acts allegedly committed by the applicant. The report also does not give the date time and place of the alleged acts, nor copies of the report or complaints have been filed.

5. It is consistently held that essential requirements of the Act are that the report should briefly state (i) the acts with which the person complained against is charged, (ii) the details of time and place of said acts, and (iii) general reputation of a person complained or such other allegations made against him in this case, these provisions have not been complied with.

6. It has also been observed in various judgments of this Court that mere fact that a person is suspected in some offence or offences or even that he was challaned in respect of such an offences could not be sufficient to bring his case within the purview of section 14 of the Act.

7. Mere mention that the applicant had a reputation of notorious and hazardous criminal, without specifying the instances of his being involved in any, incident or breach of peace or acting in a desperate and dangerous manner mentioned in the report and the mere citation in the report of some cases without indicating the result, was not sufficient to bring the case of the applicant within the purview of section 14 of Sindh Crimes Control Act.

8. Mr. Isserdas learned counsel for A.A.-G. in view of the facts and circumstances and authorities referred hereinabove rightly conceded for allowing, the application. Consequently in view of the facts stated above and authorities referred by Mr. Syed Aijaz Ali Shah, I am inclined to allow this application, resultantly the application is allowed, and the proceedings pending against the applicant in the Court of learned S.D. M./Tribunal, Garhi Yasin are quashed.

9. Applicant is present on bail, his bail bonds stands cancelled. After hearing the learned counsel for the parties, I have allowed the application on 13-8-1996, and these are the reasons for the same.

N.H.Q./K-20/K ?????????????????????????????????????????????????????????????????????????????????? Proceedings quashed.