Law: Criminal Procedure Code (V of 1898)

Section: 107,112,117,561A

Criminal Procedure Code (V of 1898)--- ----Ss. 107, 112, 117 & 561-A---Security for keeping the peace---Inquiry as to truth of information---Quashing of proceedings, application for---Deputy District Officer (Revenue), to whom matter was referred, on the same day passed order under S.112, Cr. P.C.---Record did not clearly showed as to whether relevant material was placed by the S.H.O. before the Deputy District Officer or not---Before issuing order under S.112, Cr.P.C., Deputy District Officer must have some material prima facie to form basis before passing said order, but no such basis appeared 'to have been present before hint---Law required that there must be sufficient ground before proceeding wider S.112, Cr.P.C.; Deputy District Officer (Revenue) had acted in a hasty manner without applying his judicial mind to the contents of the report under Ss.107/117, Cr.P.C. and his said action amounted to abuse of process of law--Order passed under S.112, Cr.P.C. had shown that no specific instances giving date, time and place had been shown from which it could be deduced that there was any apprehension of breach of peace, warranting the initiation of proceedings under Ss.107/117, Cr.P.C.---Order passed by Deputy District Officer under S.112, Cr.P.C., appeared to be vague---Proceedings initiated under Ss.107/117, Cr.P.C. pending against applicants before the Deputy District Officer and Special Magistrate concerned, were quashed being illegal. Mst. Hameeda Begum v. S.H.O., Police Station Rohri PLD 2001 Kar. 235 and Obedaullah v. The State 1997 PCr.LJ 559 ref. THIS JUDGMENT DELIVERED BY: IRFAN SAADAT KHAN, J.--- This Criminal Miscellaneous Application has been filed under section 561-A, Cr.P.C. for quashment of proceedings under sections 107/117, Cr.P.C. pending against the applicants before the Deputy District Officer (Revenue) and Special Judicial Magistrate (Saddar Town), Karachi. 2. Briefly stated the facts of the case are that the applicants and one Henry Pilley son of Michael Pilley were having strained relations on account of matters concerning YMCA. The applicant Sabir Iqbal filed an application dated 17-8-2010 to S.H.O. Police Station Artillery Maidan,…

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