| Citation(s) |
|---|
| 1979 SLG 269 1979 SLD 269 1979 PLD 229 |
Sindh High Court
Criminal Revision No. 110 of 1977, decided on 14th October 1978. Dates of hearing: 30th September and 14th October 1978.
Z. A. CHANNA, J
Noor-ud-Din Sarki and. Muhammad Hayat Junejo for Applicant. Usman Ghani Rashid, A.G. (Sind) with Ali Bux Leghari for the State.
Criminal Revision No. 110 of 1977, decided on 14th October 1978. Dates of hearing: 30th September and 14th October 1978.
Z. A. CHANNA, J
Noor-ud-Din Sarki and. Muhammad Hayat Junejo for Applicant. Usman Ghani Rashid, A.G. (Sind) with Ali Bux Leghari for the State.
MUHAMMAD SIDDIQUE --Applicant
VS
Tee STATE --Respondent
Law:
Section:
(a) Sind Crimes Control Act (IV of 1975)¬ S. 14 Mere fact that a person is suspected in some offence or offences or even that he was challaned in respect of certain offences---¬Held, would not be sufficient to bring his case within purview of S. 14. Wahid v. State ,1977 P Cr. L J 257 MuhammadIshaq v. Tribunal and A. D. M. P L D 1975 Kar. 198 and Hussain Bux v. District Magistrate, Iarkana P L D 1978 Kar. 630 ref. (b) Sind Crimes Control Act (IV of 1975) Ss. 6 & 14 Essential requirement of Act Copy of Police report to be sent to person challaned against with summons or warrant--¬Tribunal empowered to take cognizance of a case upon twin require¬ments being met Report of Police Officer must disclose commission by person complained against of a course of conduct which brings him within mischief of one or other clause of S. 14. [Cognizance]. An essential requirement of the Sind Crimes Control Act, 1975 is that a copy of the police report is to be sent to the person complained against with the summons or warrant issued against him. The report is required, briefly to state, (i) the acts with which the person complained against is charged ; (ii) the details of time and place of such acts ; and (iii) general repute of person complained of or such other allegation made against him. Although under the Act the Tribunal is empowered to take cognizance of a case upon the twin requirements being met that the person complained against resides or the act complained against is alleged to have been committed within its jurisdiction, and a report in this behalf has been made to it, in writing, by a Police Officer not below the rank of Sub Inspector, the report must disclose the commission by the person complained against of a course of conduct which brings him within the mischief of one or the other clause of section 14. It is not enough for the report to merely repeat with certain variations the language of one or the other clauses of section 14 of the Act. Abdul Hamid v. S. D. M., City & Tribunal P L D 1977 Kar. 575 ; Nizamuddin v. State 1976 P Cr. L J 650 ; Abdul Karim v. Tribunal & S. D. M. ,P L D 1978 Kar. 496 ; Sirajuddin v. Tribunal & S. D. M. 1977 P Cr. L J…
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