1. This is an application under section 561-A for quashment of Proceed--ings started by S.H.O., Landhi in the Court of S.D.M., Zulfikarabad under section 117 (3), Cr. P.C.
2. S. H. O., Zulfikarabad filed his report that accused Nos. 1 and 2 were trying to incite people passing on the road because of the death sentence passed against Mr. Bhutto. They were therefore taken into custody and sent up in Court and they were remanded to custody after an order under section 117 (3), Cr. P. C. Was passed without holding any inquiry.
3. It has been contended by Mr. Shareef Khatak on behalf of the applicants that the allegations in this case against the applicants are vague. No particulars regarding time and place are mentioned nor does the report show any persons who were being incited. He has further opined out that the learned S. D. M. Without applying his mind to the facts of the case merely signed an already typed form containing the usual typewritten order under section 117 (3), Cr. P. C. That it has been held in several decisions that an order under section 117 (3), Cr. P. C. Could only be passed if there is an emergency and finding to the effect should be based on enquiry and evidence. He has further stated that on the basis of this report the applicants had to remain in Jail for more than a month.
4. Mr. Ghulam Ali Agha appearing on behalf of the State concedes that the order under section 117 (3) is a bad order having been passed without inquiry. He also agrees that the contents of the Police report on which proceedings were started are vague and from the body o the Police report, it is not clear what evidence would be given by the two witnesses cited in the report. Nor has the part played by each applicant been differentiated beyond the fact that they are members of the People' Party.
5. Under these circumstances the order under section 1,17 (3), Cr. P. C. And the proceedings are hereby quashed.