Law:

Section:

This application has been filed on behalf of applicant Shamshad Ahmed Qureshi son of Nazir Ahmed under section 561-A, Cr.P.C. for quashment of the proceedings pending against the applicant in the Court of Assistant Commissioner and SDM, Malir under Section 14 of Sindh Crimes Control, Act, 1975.   The brief allegations as alleged by the S.H.O. P.S. Malir against the applicant are that he is an activist of labour organization leading unruly mobs/processions and commits riots thereby disturbing peaceful situation of Pakistan Steel Mills. In the report the S.H.O. has further shown that the applicant was involved in the offences under sections 147, 148, 342, 425, and 505, P.P.C. of Bin Qasim Police Station being Crime No.6/90 and in the F.I.R. No.24/89 of the same police station for the offences under sections 147, 148, 336, 307, 427 and 323, P.P.C. It is also alleged in the report that proceedings under section 107/117, Cr.P.C. were also taken against the' applicant and the case is pending for trial in the Court. On the basis of this report the learned Assistant Commissioner, S.D.M., Malir passed order and issued N.B.W. against the applicant, who was arrested by the police and produced before him. After his arrest, the learned Magistrate initiated proceedings against the applicant under section 14 of Sindh Crimes Control Act, 1975 as the applicant according to him was dangerous criminal and further ordered that the applicant be detained in prison for a period of 30 days under section 8(3-B) of the Sindh Crimes Control Act, 1975 pending inquiry.   The learned counsel for the applicant has contended that the provisions of sections 5 and 6 of the Crimes Control Act have not been complied and as such the proceedings under Section 14 of the Crimes Control Act are illegal. He has further contended that out of four cases mentioned in the report submitted by the police before the S.D.M., the applicant in two cases has been let off by the police after investigation under section 169, Cr.P.C. and in the cases in which the present applicant was challaned, he has been acquitted in one case under section 249-A, Cr.P.C. and in another case proceedings were dropped…