Muhammad Ayub petitioner in this application under section 561-A, Cr.P.C. Has sought quashment of the proceedings initiated on the complaint of S.H.O., Police Station Lora under section 55/110, Cr.P.C. The assertions made in the application are that the aforesaid proceedings have been actuated by motive of malice and are based on mala fides and have been induced for the harassm ent of the petitioner.
2. Learned counsel for the petitioner contended that the petitioner stands acquitted in all the cases registered against him and formerly, on similar application before this Court, the proceedings under section 13/14 of the West Pakistan Ghoonda Ordinance, 1959 against the petitioner were quashed by his Lordship Mr. Justice Faiz Muhammad Khan vide his order dated 27-2-1982. Again on the same allegations the present complaint under section 55/110, Cr.P.C. Has been filed in the Court of S.D.M., Abbottabad.
3. The learned Assistant Advocate General half-heartedly conceded to this position and stated that although the petitioner has been acquitted in all the cases yet he can be proceeded against under section 55/110, Cr.P.C.
4. The detail of the cases registered against the petitioner is as under:---
(i) F.I.R. No.48, dated 10-11-1969 under section 302/148/149, P.P.C. Police Station Lora.
(ii) F. I. R. No. 14, dated 14-6-1974 under section 302/307/148/149, P. P. C.Police Station Lora.
(iii) F.I.R. No.23, dated 17-8-1978 under section 302, P.P.C. P.S. Lora.
(iv) F.I.R. No.35, dated 8-8-1980 under section 506/186/34, P.P.C. P/S Lora.
(v) F.I.R. No.60, dated 7-12-1980 under section 497/498/109, P.P.C. P/S Lora.
5. The complaint otherwise too, cannot proceed for legal flaws. The Magistrate before issuing notice to show cause under section 110, Cr.P.C. Had to make an order under section 112, Cr.P.C.
Setting forth the substance of the information received, the amount of bond to be executed, the term for which it had to remain in force and the number, character and class of sureties required.
As this mandatory requirement has not been complied with, therefore, the entire proceedings stand vitiated.
6. In view of the above, continuation of proceedings would amount to be abuse of process of the Court. Therefore, on acceptance of this petition, the proceedings pending in the Court of S.D.M.
Abbottabad against the petitioner are quashed.