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1997 P Cr. L J 1200

AMIRUZ ZAMAN alias AMIRO vs THE STATE and anothers

Citation1997 P Cr. L J 1200
CourtSindh High Court
Case No.Criminal Miscellaneous Application No,174 of 1996
Date1997-03-31
Judge(s)Kamal Mansur Alam
ResultProceedings quashed

1. ' By this application the applicant seeks abashment of proceedings of Case No,319 of 1996 under section 14 of the Sindh Crimes Control Act, 1975 pending before the S.D.M./Tribunal, Sanghar.

2. ' The above proceedings have been initiated on the basis of a report submitted by the S.H.O., Sanghar Police Station alleging that the applicant is a dangerous person, harbours criminals, carries weapons, his remaining at large encourages the criminals and is hazardous to the general public.

3. Except for these general and vague allegations no specific instance has been cited against the applicant. The report does not give details of time and place of the acts with which the applicant is charged and is lacking in other particulars too. In his report the Police Officer has cited 5 cases in which the applicant is allegedly involved. However, again no other particularsof applicant's involvement in these cases is given. It is not even mentioned if the applicant is named in the F.I.Rs, or not. In any event mere listing of some cases in the report cannot be substitute for the details of information required to be furnished under section 6 of the Sindh Crimes Control Act.

4. ' In support of the allegations no private witness has been cited and the three witnesses named in the report are all Police personnel. Apart from the unsatisfactory nature of the report, I find that the order passed by the S.D.M./ Tribunal under section 5 is based on substance extraneous to the report, in that, according to the aforesaid order of the S.D.M./Tribunal the applicant "is habitual thief, cattle lifter, receiver of stolen property, an accepter of Bhung money and a constant nuisance to the public". In travelling beyond the allegations in the report the S.D.M. Has clearly disregarded the provisions of section 4 of the Act.

5. ' In the above circumstances, the proceedings before the S.D.M./ Tribunal are not sustainable. As such I allow this application and quash the proceedings of Case No,319 of 1996 under section 14 of the Sindh Crimes Control Act, 1975, pending before the S.D.M./Tribunal, Sanghar. The applicant is present on bail. His bail bond is hereby discharged.

2. In view of the above order this application has become infructuous and is disposed of as such.

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