Law: Criminal Procedure Code (V of 1898)

Section: 107

  Criminal Procedure Code (V of 1898), Ss. 107 & 112 --Sureties - Order requiring sureties to be of Zamindar class ; paying certain amount of land revenue and residing near accused-Onerous and illegal-Delay (of one year) in disposal of case-Proceedings, held, abuse of process of law and therefore quashed.   Criminal Revision Application No. 475/1960 ; Muhammad Husain v. The State P L D 1959 Lah. 322 ; Shakoor Hashim v. The State P L D 1960 Kar. 926 and Fazal Karim v. The State P L D 1957 Lah. 837 ref.   Criminal Procedure Code (V of 1898), Ss. 145 & 561-A-Inordinate delay in disposal of application under S. 145-Land easing to be in possession of either party and reverting back to Government Proceedings quashed. JUDGMENT   This judgment will dispose of three Criminal References bearing Nos. 276, 277 and 278 of 1962. These three References arise out of the inspection note of the Senior Judge Mr. Justice Inamullah after inspecting the Sessions and the Subordinate Courts in the Sukkur Sessions Division a few months ago. His Lordship in the course of his inspection found that there had been inordinate delays in these three cases. There were a number of dates of hearing on which no progress whatsoever had been made and the matters were adjourned to a future date. Accordingly, his Lordship directed that the R & P in each of these cases should be called for to this High Court, notices be issued to the respective parties concerned and the proceedings quashed as in each case it appeared that there was an abuse of the process of the law.   Thus, these three matters came up for hearing in Court today and I have heard Mr. Murtaza Husain Shah, Advocate appearing on behalf of the State and Mr. Mazhar Ali, Advocate appearing on behalf of Mazhar Ali, respondent No. 6 in Criminal Reference No. 276/ 1962.   In the first of these three criminal references namely Criminal Reference No. 276/1962 the facts are that on 28-3-1961 Sub-Inspector Gul Hassan Khan then S. H. O. of New Foujdari Police Station, Shikarpur filed a complaint in the Court of the S. D. M., Shikarpur against Ghulam Husain son of Muhammad Safar and five others including…