Case Details

Citation(s)
1994 SLG 1559 1994 SLD 1559 = 1994 PLD 118

Criminal Miscellaneous Application No.228 of 1993, decided on 14th September, 1993.
Nasim Hussain Siddiqui, J

NADEEM AHMED alias KALLIA---Applicant

VERSUS

THE STATE---Respondent

Law:

Section:

Applicant Nadeem Ahmad, under section 561-A, Cr. P.C., has applied for quashment of proceeding initiated against him, under section 14 of the Sindh Crimes Control Act, 1975, hereinafter called the Act, pending before the Tribunal comprising of S.D.M. Airport, Karachi. The facts relevant for decision of this application are as follows:   On 13-11-1990 S.H.O. Faisal Colony submitted the report before said Tribunal that the applicant is a habitual offender, desperate, and dangerous and is involved in various cases. Taking cognizance of the report, the Tribunal issued N.B.W. against the applicant. It is said that on 15-5-1992 S.H.O. of said Police Station submitted second report, saying that applicant is involved in five criminal cases. Learned counsel for the applicant, on this point, however, stated that presently only two cases are pending against the applicant. One relates to F.I.R. No. 315/87 (Case No. 658/81) under sections 147, 148, 149, 307/323, P.P.C. and is on the file of Assistant Sessions Judge, Karachi East, while the other concerning F.I.R. No. 120/90 (Case No. 715/90) 'under section 17(3) E.H.O., 1979, is pending for decision before 2nd Assistant Sessions Judge, Karachi East.   To appreciate the contentions raised on behalf of the applicant it would be advantageous to reproduce the sections 5 and 8 of the Act, which are as follows:   Section 5. Summoning of persons ---On receipt of the report, the Tribunal shall issue a summons requiring the person complained against to appear, or, when such person is in custody, a warrant directing the officer in whose custody he is, to produce him before it:  Provided that whenever it appears to such Tribunal, upon the report of a Police Officer or upon other information (the substance of which report or information shall be recorded by the Tribunal), that there is reason to apprehend the commission of the act complained against and that such commission of the act cannot be prevented otherwise than by the immediate arrest of such person the Tribunal may, at any time issue a warrant for his arrest.   Section 8. Proceedings --(1) When the persons complained against appears or is brought…
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