' The petitioner Shamsher Ali has moved this Constitutional petition praying therein that the proceedings initiated in the case titled State v. Shamsher All alias Sheri under section 13/14 of the West Pakistan Control of Goondas Ordinance, 1959 pending before the Assistant Commissioner with powers of tribunal under the said Act, may be quashed by declaring the same without lawful authority and of no legal consequence.
2. It is contended by the learned counsel that the petitioner is not a previous convict. He submitted that the S.H.O. Police Station City Kasur respondent No, 2 has relied upon 8 cases which were registered against the petitioner but he has been acquitted in all the cases except the one mentioned at serial No,8 of Annexure 'A' which is pending adjudication in the Court of Mr. Gulzar Ahmad Bhatti, Magistrate Section 30 Kasur and that the proceedings initiated against the petitioner are the result of mala fide on the part of said respondent.
3. The learned Additional Advocate-General has forcefully contended that this very point now being raised and argued before this Court should be raised by the petitioner before the learned trial Court and the relief sought for by the learned counsel can be granted by the tribunal. He argues that the writ petition on the face of it is premature and as such the same should be dismissed.
4. The learned counsel has placed reliance on the rule laid down in Amir Hussain Gillani v. State 1977 P Cr. L J 1018 wherein it was held that in order to commence proceedings under section 13/14 of the West Pakistan Goondas Bail granted.
' Ordinance, 1959 prerequisite is that the person proceeded against should be a previous convict.
The petitioner is admittedly not a previous convict. Therefore, respectfully following-the rule laid down in the abovementioned authority, I proceed to quash the proceedings initiated against The petitioner, referred to above. Consequently, the petition succeeds and is allowed leaving the parties to bear their own costs.