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1978 P Cr. L J 596

Sycd GHULAM ALI SHAH vs THE STATE

Citation1978 P Cr. L J 596
CourtSindh High Court
Case No.Criminal Miscellaneous Application No, 722 of 1977
Date1978-04-21
Judge(s)Mushtaq Ali Kazi
ResultPetition allowed

' This is a petition for quashment of a case under section 42/49, D. P. R. Pending against the petitioner in the Court of S. D. M., Shandadpur.

2. The allegations in the F. I. R. Lodged by S. H.

0., Shandadpur on behalf of the State on 9-1-1977 were that the petitioner was trying to spread hatred against the Government and trying to set one section of the population against the other by stating that injustice was being done to Sindhis, and Mohajirs and Punjabis were usurping their rights etc.

3. It has been argued by Mr. Muhammad Ali Shaikh that the petitioner, is a respectable Zamindar and a social worker and has been victimised and harassed by the District administration because he had threatened to exposel them. That the District Magistrate, Sanghar was annoyed with the petitioner and false and fabricated cases were being registered against the petitioner. Mr. Shaikh has traced the history of all these cases, the proceedings in which have been quashed, by the High Court. It has accordingly been argued that the present proceedings amount to an abuse of the process of Court and they are liable to be quashed. The petitioner has filed photostat copies of several prosecutions preferred against him and quashed by the High Court. Present proceedings under the D. P. R. Have also been linked in the same chain for the purpose of harassment of the petitioner. The State Counsel appearing in the case has not opposed the petition and under these circumstances the petition is allowed and the proceedings under the D. P. R. Started against the petitioner are hereby quashed.

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