Law: Sindh Crimes Control Act (IV of 1975)

Section: 14 , 561

  Sindh Crimes Control Act (IV of 1975)-- ----S. 14---Criminal Procedure Code (V of 1898), S.561-A---Quashing of proceedings- --Report submitted by the Police Officer against the accused was vague and did not mention the acts with which he was charged, nor it contained the details of time and place of such acts---Even proceedings against the applicant had been initiated by the Sub-Divisional Magistrate and not by the Tribunal as required by the Act---Proceedings against the accused were quashed in circumstances. PLD 1980 Kar. 267 rel. Sindh Crimes Control Act (IV of 1975)-- ---- S. 14---Cognizance--Cognizance under Sindh Crimes Control Act, 1975, cannot be sustained in absence of completion of the requirements of Ss.5 and 6 of the said Act. Ch. Muhammad Sadiq for Applicant. Habibur Rashid for the State. Date of hearing: 7th April, 1993. JUDGMENT This application has been filed on behalf of applicant Haji Abdul Sattar son of Abdul Ghafoor, for quashment of proceedings under section 561-A, Cr.P.C., initiated against him under section 14, Sindh Crimes Control Act, 1975 by S.D.M., Jamshed Quarters on the basis of a report submitted before him by S.H.O., P.S. Gulzar Hijri. The brief facts as mentioned in the report of the police are that the applicant is a habitual offender indulging in land grabbing and also commits riots creating law and order problem for the area police. It is further alleged in the report that the applicant has no ostensible source of income and that he is so dangerous and desperate that his   remaining at large will be hazardous to the general public. A list of cases and witnesses was also attached alongwith the report. The learned counsel for the applicant has contended that the provisions of sections 5 and 6 of the Sindh Crimes Control Act have not been complied with, as such initiation of proceedings against the applicant under section 14, Sindh Crimes Control Act by the S.D.M. is not in accordance with the provisions of law and as such continuation of the proceedings on the basis of the report would be abuse of the process of the Court. He has further contended that the applicant is a social worker and with his efforts a village…