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1999 MLD 2253

RAEES AHMED vs THE STATE and anothers

Citation1999 MLD 2253
CourtSindh High Court
Case No.Criminal Miscellaneous Application No,54 of 1997
Date1998-06-19
Judge(s)Muhammad Roshan Essani
ResultProceedings quashed

ORDER

1. ' Applicant Raees Ahmed has filed present application under section 561-A, Cr.P.C. For quashment of proceedings under sections 107, 117 and 151, Cr.P.C. Pending against him before the Assistant Commissioner and S.D.M., Landhi/Korangi, Karachi (East).

2. ' Applicant and his counsel were called absent. Since matter was old, I decided to proceed with it.

3. ' Mr. Muhammad Ismail Memon, learned counsel for the State has supported the impugned order.

4. ' The order under section 112, Cr.P.C. Is reproduced hereinbelow in extenso:-- ' Order under section 112, Cr.P.C.

5. ' Whereas, it has been made to appear to me by credible information from S.H.O., Police Station Korangi that {{URDU TEXT}} ' and on the basis of that information I am satisfied that you are likely to commit breach of peace or by which break of peace will probably be occasioned.

6. ' You are, therefore, hereby required to show cause why you should not be entered into a personal bond in the sum of Rs,10,000 each to keep peace for a period of one year with one surety in the like amount and that you keep the peace for the said term.

7. ' Given under my hand and seal of the Court. This 14th day of December, 1996.

8. (Sd.)

9. (Asstt. Commissioner & SDM, Landhi/Korangi. Karachi East ' Order under section 113, Cr.P.C.

10. ' The opponent produced in Police custody and the substance of the order under section 112., Cr.P.C.

11. Read over and explained to the opponent in the language to which he/they understand.

12. (Sd.)

13. (Asstt. Commissioner & SDM, Landhi/Korangi)"

14. The order under section 112, Cr.P.C. Shows that it was passed in a mechanical manner without applying judicial mind. It appears to be a cyclostyle one and Magistrate has only filled in the blanks.

15. ' The order under section 112, Cr.P.C. Was passed on 14-12-1996 for a period of one year. The period of one year expired on or about 14-12-1997 and we are now in 1998, even on this score proceedings have become infructuous.

16. Consequently, application under section 561-A, Cr.P.C. Is allowed and proceedings pending before the Court of Assistant Commissioner and S.D.M., Landhi/Korangi, Karachi (East), in Case No, of 1996 (State (Dilbari Begum) v. Rais Ahmed), are hereby quashed.

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