Law: Criminal Procedure Code (V of 1898)

Section: 561-A, 110, 112

Criminal Procedure Code (V of 1898)  S. 561-A read with Ss. 110 & 112 -- Quashment of proceedings---Security proceedings --- Evidence, appreciation of --- Evidence of general reputation --- Admissible in proceedings under S. 110, Cr. P. C.---Such evidence, however, must be based on sound founda tion comprising specific instances of overt acts committed by person facing proceedings under S. 110, Cr. P. C. and must have been challaned and adjudged guilty in cases, involved-No particulars mentioned in Police complaint, disclosing time and place of acts allegedly committed by petitioner and such complaint appearing to contain general and vague allegations-Order passed by Magistrate under S. 112, Cr. P. C., held, mechanical and stereotyped-Proceed ings quashed, in circumstances. Mehar Khan v. State 1975 P Cr. L J 257 ref. Date of hearing: 25th March, 1918.                                                                                                            JUDGMENT This is an application for quashment of the proceedings under section 110, Cr. P. C. at present pending in the Court of the learned S. D. M., Matli. 2. The brief facts of the case are that the S. H. O. of P. S. Pangrio had filed a complaint on 17th May, 1976 against the petitioner and two others alleging that they are habitual thieves, receivers of Bhung money by habit and receiver/disposer of stolen property. It is further alleged that they are harbourers of thieves and the thieves of far of places visit them. They are so desperate and dangerous that their being at large, without security, is hazardous to the community. 3. On receipt of the Police complaint the learned S. D. M., Math passed the order under section 112, Cr. P. C. on the same day (17th May. 1976) and remanded the petitioner and others to custody. During the pendency of the proceedings, statements of four witnesses were recorded. During the hearing of this…