1. ' The applicant Abdul Aziz is facing proceedings under section 107/117, Cr.P.C. Before the Court of learned S.D.M. District, Karachi, South on a police report, dated 6-8-1998 lodged by incharge Police Station Baloch Colony.
2. ' The learned counsel for applicant contends that the Property No,59-Z, Block 6, P.E.C.H. Society, Karachi is under dispute between one Gohar Rehman and the respondent No,2 in the petition. Such suit between Gohar Rehman and the respondent Syed Shahid Ahmed is pending trial before the Court of lInd Senior Civil Judge, Karachi, South being Suit No,744 of 1998.
3. ' The contention of the learned counsel is that the applicant is not interested in the property under dispute nor he is in any way connected to the dispute between the parties. The applicant is not shown to have been responsible for any apprehended breach of peace. The applicant was allowed to remain on bail as there was in fact no such apprehension. He has contended that notice to the respondents Nos.1 and 2 will not be necessary as the proceedings were initiated on a police report and the respondents are merely witnesses. He has further contended that the order under section 112, Cr.P.C. Is a cyclostyled one. There are some places which have been left blank and the same does not contain reasons for proceeding against the applicant. The Magistrate has to form his opinion on the basis of material placed before him, before proceedings against a person who is likely to commit breach of peace or disturb the public tranquillity. He has relied upon 1992 PCr.LJ p.2187.
4. ' Mr. Habibur Rashid learned counsel for the State has not opposed the points raised on behalf of the applicant and has not opposed the quashment of the proceedings.
5. No cogent reasons for proceeding against the applicant are found in the police report, dated 6-8- 1999 or even the order under section 112, Cr.P.C. It is not specifically mentioned as to how the applicant is responsible for any apprehended breach of peace. The proceedings under section 107/117, Cr.P.C. Initiated against the applicant appear to be without any substance against him and without application of mind. Resultantly this application is allowed and the proceedings pending against the applicant under the title Case No,Nil of 1998 State v. Musarrat Mehmood and Abdul Aziz pending in the Court of learned S.D.M., Saddar, Karachi, are hereby quashed.