| Citation(s) |
|---|
| 1979 SLG 1437 1979 SLD 1437 1979 PCRLJ 24 |
Sindh High Court
Criminal Revision No. 156 of 1977, 11/04/1978
MUSHTAK ALI KAZI, J
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Criminal Revision No. 156 of 1977, 11/04/1978
MUSHTAK ALI KAZI, J
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Peer Bakhsh
VS
The State
Law:
Section:
Keywords: Order, Quashment, Petition, Petitioner, Pending Proceedings, Prosecution, Proceedings, Instances, Magistrate, Division, Punishment, Grounds, Double Jeopardy, Constitution Of Pakistan, Procedure, Repugnant, Same Offence, Sub-Division, Constitution Result: Proceedings quashed JUDGMENT This revision application under section 22(2) of the Sind Crimes Control Act, 1975, is directed against the Order of Commissioner, Hyderabad Division, in proceedings started against the Petitioner under the Sind Crime Control Act on the report of S. H. O., Phulleli Police Station, Hyderabad. 2. It had been argued in the revision application before the learned Commissioner that the petitioner had been prosecuted under section 5 of the West Pakistan Control of Goondas Ordinance, 1969 on the report of S. H. O., Phulleli Police Station on 10-10-1974 in the Court of District Magistrate, Hyderabad; that while those proceedings under the Goondas Ordinance were still pending, the petitioner had again been prosecuted under section 14 of the Crimes Control Act before the Tribunal and S. D. M. City Sub-Division, Hyderabad on the same facts. The learned Commissioner expressed in his order that both proceedings could co-exist though the judgment in one case would influence the proceedings still pending. 3. The perusal of the two complaints would show that the allegations in the complaint under the Goondas Ordinance were that the petitioner indulged in anti-social activities and he had been challaned in certain cases under section 6, Gambling Ordinance, 13-D, Arms Ordinance and 43(3), Abkari Act. These were cases of 1972 and 1974. The allegations in the report under the Crimes Control Act were that the petitioner indulged in anti social activities and the…
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