' The applicant above-named has filed the above petition under section 561-A, Cr. P.C. For quashment of proceedings pending against him under section 107/117, Cr. P.C., in the Court of S.D.M.
Central, Karachi, on the following facts and grounds:-
2. Applicant is the resident of Pir Bukhari Colony, Karachi, where he has constructed his house, like many others on Government land. Applicant's house is about one furlong away from Karachi Milk Plant. According to applicant, one Shah Muhammad, who is the driver of the Manager of Karachi Milk Plant started harassing the applicant and demanded Rs,5,000 per month under the alleged directions of the Manager, failing which he was told, that he would be thrown out forcibly from the land in his occupation and his cattle would be stolen. According to applicant, as he did not pay the amount in question, his four buffaloes were stolen, but he out of fear did not report the said theft to police. In spite of this, applicant was arrested under section 151, Cr.P.C., on the basis of false report lodged against him on 23-10-1979, at New Town Police Station. In consequence of said report applicant ,was arrested on 24-10-1979 and produced before S.D.M., Central, Karachi, who passed order under section 112, Cr.P.C. And directed the applicant to furnish two sureties of Rs,5,000 each for his release. S.D.M. Further directed the applicant, at the instance of Shah Muhammad, to vacate the land in his occupation by 30-12-1979.
3. Applicant being aggrieved by the above proceedings, has filed the above petition, for quashment of the said proceedings, on the grounds mentioned in the above petition.
4. The learned counsel for the applicant in support of the above petition submitted as under:-
(a) That proceedings initiated against the applicant, under section 107/117, Cr.P.C. Are false and vexatious and passing of mechanical orders under section 112, Cr.P.C. Amounts to abuse of the process of the trial Court.
(b) That mandatory notice under section 112, Cr.P.C. Was not served-on the applicant, but applicant was called upon to furnish sureties.
(e) That more than two years have elapsed since proceedings were initiated and as such no useful purpose will be served in continuing such proceedings, when no incident has happened during this period.
5. Learned counsel for the State submitted, that he supports theabove petition, in view of above fact and legal position.
6. I have carefully considered the above submissions made by the learned counsels before me and have gone through police report and impugned order under section 112, Cr.P.C. Dated 24-10-1979, passed by the learned A.C. And S.D.M., Central, Karachi.
7. I find from order under section 112, Cr.P.C. Dated 24-10-1979, that it is stereotype order and it seems, that the learned S.D.M. Has not applied his mind at all, before passing the said order.
Furthermore, over two years have elapsed since proceedings were initiated and no incident of breach of peace has taken place. Further, I find from certified copy of the diary sheet, that no notice as required by section 110, Cr.P.C. Was served on applicant, before passing of order under section 112, Cr.P.C., which were passed on same date, when police report was filed and applicant produced under arrest. Keeping in view all these facts, I see great force in the contentions of the learned counsel for the applicant, that no useful purpose will be served by continuing the proceedings under section 117/107, Cr.P.C., against the applicant, after lapse of two years.
8. Therefore, I allow the above petition and quash the proceedings pending against the applicant under section 107/117, Cr.P.C., in the Court of S.D.M., Central, Karachi and set aside the orders passed under section 112, Cr.P.C. Dated 24-10-1979, as in my opinion, continuance of such proceedings after lapse of two years, would amount to abuse of the process of the learned trial Court in question, in view of above facts.