Pakistan Case Law← Search
1978 P Cr. L 1592

Syed GRULAM ALI SHAH vs COMMISSIONER, HYYDERABAD DIVISION AND 4

Citation1978 P Cr. L 1592
CourtSindh High Court
Judge(s)Mushtaq Ali Kazi
ResultProceedings quashed

' This is a petition for quashment of proceedings started under the Sind Crimes Control Act, 1975 on the report of S. H. O., Shandadpur Police Station against the petitioner Ghulam Ali Shah. The report contains a general allegation that the petitioner's main profession is black-mailing ; hat he black- mails Government officials in order to induce them to pay him hush-money. The instances that have been cited in this report are of some old cases of 1956 under section 353, P. P. C. : 1959 under M L R 8 of 1963 under section 302 and of a challan under the Goondas Ordinance. In none of the cases it has been shown that the petitioner was convicted or found guilty. Very likely he was discharged or acquitted in all these cases. Then it is mentioned that he has been suspected in certain crimes. Mere suspicion cannot be the basis of criminal proceedings. Lastly some instances are given in which has is supposed to have made applications against Government officers.

However, no action was ever taken against him for those applied tions, otherwise he might have been convicted for making false allegations against public servants. It has been argued by Mr. Muhammad Ali Shaikh that the Provisions of section 6 of the Sind Crimes Control Act, 1975, have not been complied with as the acts with details of tim, and place etc. Have not been given in this report. Regarding evidence of general repute certain instances have been quoted which are actually more than 20 years old. It B has accordingly been pointed out that there is hardly any basis for starting these proceedings and there is no evidence to establish the charge.

2. Mr. R. A. Qureshi appearing on behalf of the State concedes that the proceedings have been started on insufficient grounds; that they do not appear to be genuine proceedings and that, therefore, they are in the nature of harass-C ment. Under these circumstances the proceedings under the Sind Crimes) Control Act against the petitioner are hereby quashed.

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.
Disclaimer·Privacy·Terms·Search