' Learned counsel for the petitioner wants this Court to quash proceedings pending against him in the Court of Assistant Commissioner, Chistian under section 110, Cr.P.C. Learned counsel for the petitioner submits that the petitioner is being proceeded againt under section 110, Cr.P.C. On the strength of two cases F.I.R. No, 303/86 and 304/86 under Article 3 of Prohibition (Enforcement of Hadd) Order, 1979 which do not bit within the category of the offences detailed in section 110, Cr.P.C.
Learned counsel for the State has frankly conceded and rightly so.
2. I have considered the matter with care. I r that the petitioner could not have been prosecuted or proceeded against under section 110, Cr.P.C. For 'A their involvement in case punishable under Article 3/4 of Prohibition (Enforcement of Hadd) Order, 1979. Section 110, Cr.P.C. May be reproduced conveniently:- "110. Security for good behaviour from habitual offenders.-- Whenever a District Magistrate or Sub- Divisional Magistrate or a Magistrate of the first class specially empowered in this behalf by the Provincial Government receives information that any person within the local limits of his jurisdiction:-
(a) is by habit a robber, house-breaker, thief, or forger, or
(b) is by habit a receiver of stolen property knowing the same to have been stolen, or
(c) habitually protects or harbours thieves or aids in the concealment or disposal of stolen property, or
(d) habitually commits or attempts to commit, or abets the commission of the offence of kidnapping, abduction, extortion, cheating or mischief or any offence punishable under Chapter XII of the Pakistan Penal Code, or under section 489-A, section 489-B, section 489-C or section 489-D of that Code, or
(e) habitually commits, or attempts to commit, or abets the commission of offences involving a breach of the peace, or
(f) is so desperate and dangerous as to render his being at large without security hazardous to the community.
' Such Magistrate may, in manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period, not exceeding three years, as the Magistrate thinks fit to fix.
3. For what has been said above, there is no alternative but to quash proceedings under section 110, Cr.P.C. Pending before Assistant Commissioner, Chishtian, against the petitioner. Order accordingly.