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1978 P Cr. L J 761

M USTAFA vs THE STATE

Citation1978 P Cr. L J 761
CourtSindh High Court
Case No.Criminal Miscellaneous Application No 1230 of 1976
Date1978-03-27
Judge(s)Mushtaq Ali Kazi
ResultProceedings quashed

' This application for quashment under section 561-A, Cr. P. C. Is directed against proceedings under section 110, started in the Court of S. D. M. City, Hyderabad on the report of S. H.

0., Market Police Station.

2. It was stated in the report that the petitioner was a badmash type of of goonda who was in the habit of teasing school and college girls and was a dangerous type of person. Four cases were cited tinder sections 307, 332, 43(3), Abkari Act and 13-D, Arms Act in which the petitioner had been challaned. The result of these cases had not been mentioned. The witnesses cited were the S. H.

0. Himself, one Tahir Hussain resident of Marechi brothels, Hyderabad, S. D. I. Phuleli and S. I. P., Market Police Station.

3. It has been rightly pointed out that the various allegations in the report are not only vague and of general nature but they do not fall within the purview of section 110, Cr. P. C. There is nothing to suggest that the petitioner is by habit a thief or receiver of stolen property or that he comes under any of the other clauses of section 110, Cr. P. C. Possibly the allegations may bring the case under some of the clauses of the Crimes Control Act, 1976, but by no strech of imagination could the applicant be proceeded against under Chapter VIII of the Cr. P. C. The cases cited have no connection or relevancy with action under section 110. Two of these cases as stated by the learned counsel for the applicant have already ended in discharge and the result of the remaining two Cases Nos. 1 and 4 is not known. Merely because a person is challenged in one or two cases cannot be the basis for being prosecuted under section 110, Cr. P. C. Even with regard to the offence of general repute. The witnesses cited are all police officers and the only other person is a resident of brothel area within the jurisdiction of Market Police Station. As already held in 1975 P Cr. L J 1025, no action can be taken on the basis of this report under section 110, Cr. P. C. Against the petitioner.

4. The proceedings were then wrongly started and they are accordingly quashed.

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