Law: Criminal Procedure Code (V of 1898)

Section: 561-A

(a) Azad Kashmir Government Control of Goondas Ordinance, 1959 S. 13 -Criticism of administration for their alleged malfeasances or misdoings of political leaders-Held, cannot fall within ambit of S. 13. (b) Criminal Procedure Code (V of 1898) S. 561-A read with Azad Kashmir Government Control of -Goondas Ordinance, 1959. S. 13-Abuse of process of Court---Charges levelled against petitioner not covered within mischief of S. 13 of Ordinance and petitioner standing already acquitted by Courts of such charges-Complaint allowed to run for about two year without any proceedings-District Magistrate, on applications of Police Officers claiming recalcitrance on his part, passing inter locutory orders allowing petitioner's detention from time to time without applying his mind - Procedure adopted by District Magistrate unwarranted just to curb liberty of petitioner and put him in harassment--No care taken by prosecution to get proceedings ended in just and lawful manner-Held, such procedure a gross abuse of process of Court and law-Proceedings quashed.-[Abuse of process of Court]. Date of institution: 23rd September, 1980.                                                                                                        ORDER The petitioner, Sardar Shah by name stands charged under section 13 of Azad Kashmir Government Control of Goondas Ordinance, 1959 so as to be declared a `goonda' on a number of charges contained in the complaint lodged by the police before the District Magistrate Kotli vide complaint, a certified copy of which is attached with this petition. It is for 23 charges that the applicant was brought before the Court of District Magistrate, Kotli on 4th March, 1978 after he was released on pre-arrest bail by the High Court. Almost for all the charges constituting offences the petitioner was sent before different criminal Courts to stand his trial, and at the same time the instant complaint…