MUHAMMAD ROSHAN ESSANI, J.- Applicant Raees Ahmed has find present application under Section '561-A Cr.P.C, for quashment of proceedings under Sections 107, 117, 151 Cr.P.C, pending against him before the Assistant Commissioner and SDM, Landhi/Korangi, Karachi (East).
1. Applicant and his counsel were called absent. Since matter was old, I decided to proceed with it.
2. Mr. Muhammad Ismail Memon, learned counsel for the State as supported the impugned order.
3. The order under Section 112 Cr.P.C, is reproduced herein below in ex tenso:- ORDER U/S. 112 CR.P.C.
WHEREAS, it has been made to appear to me by credible information from SHO P.S. Korangi that and on the basis of that information I am satisfied that you are likely to commit breach of peace or by which breach' of peace will probably be occasioned.
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.
Given under my hand and seal of the Court. This 14th day of December, 1996.
Sd/- (Asstt. Commissioner & SDM Landhi/Korangi. Karachi East)"
ORDER U/S. 113 CR.P.C.
The opponent produced in Police custody and the substance of the order u/S. 112 Cr.P.C, read ever, and explained to the opponent in the language to which he/they understand.
Sd/- (Asstt. Commissioner & SDM Landhi/Korangi. Karachi East)"
4. 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 cyclostyle one and Magistrate has only filled in the blanks.
5. 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.
6. Consequently, application under Section 561-A Cr.P.C, is allowed and proceedings pending before the Court of Assistant Commissioner & SDM, Landhi/Korangi, Karachi (East), in Case No. of 1996, (State Dilbari Begum v. Rais Ahmed), are hereby quashed.