Law: Criminal Procedure Code (V of 1898)

Section: 107/117,112,561-A,498

Law: Qanun-e-Shahadat (10 of 1984)

Section: 87,24-A

Law: General Clauses Act, 1897

Section: 24-A

(a) Criminal Procedure Code (V of 1898)     Ss. 107/117, 112 561 A Quashing of proceedings Order passed by Magistrate under S.112, Cr.P.C. in the proceedings initiated under Ss.107/117, Cr.P.C. against the applicant suffered from utter absurdity arid absolute inconsistency Manner in which the said order was passed showed that the Magistrate had never applied his mind to the facts of the case and as such it did not possess legal sanctity Document showing the settlement of dispute between the parties was available on record, but the Magistrate did not explain as to have in the presence of said document the breach of peace continued Proceedings against the applicant in such circumstances suffered from grave inconsistencies and irregularities and amounted to abuse of the process of Court Proceedings pending in the Court of Magistrate against the applicant were quashed accordingly.   Mehar Khan v. State 1975 PCr.LJ 257; Ghulam Muhammad v State 1982 PCr.LJ 777 and Ghulam Muhammad v. State 1997 PCr.LJ 559 ref.   (b) Criminal Procedure Code (V of 1898)     S. 498 Qanun e Shahadat (10 of 1984), Art.87 General Clauses Act (X of 1897), S.24 A Certified copies of proceedings Getting of certified copies of the proceedings was a valuable right of the party within the meanings of S.548, Cr.P.C., Art.87 of Qanun e Shahadat, 1984 and S.24 A of the General Clauses Act, 1897, which could not be denied.   Gul Zaman Khan for Applicant.   Muhammad Ismail Memon, State Counsel.   hearing date: 24th May, 2001. ORDER The applicant has sought quashment of the proceedings initiated by learned S.D.M., North Nazimabad, Karachi under sections 107/117, Cr.P.C. against the applicant. 2. Background of the case is that one Muhammad Yahyah Khurshidi, General Secretary of Jamia Masjid AI Falahiyah made a complaint in writing to the Deputy Commissioner, District Central, Karachi alleging that applicant Muhammad Naeem who was appointed as imam of Jamia Masjid, Sector 10, North Karachi was interfering in the affairs of the mosque and there was apprehension of breach of peace. The application was forwarded to S.D.M., North Karachi with a direction…

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