| Case ID |
ffdf3434-1bf0-4fea-b8cf-662bfb94ad21 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Reference No. 121 of 1974 |
| Decision Date |
Jul 28, 1975 |
| Hearing Date |
|
| Decision |
The court accepted the reference and quashed the impugned order passed under section 117(3) of the Criminal Procedure Code. The Sessions Judge, Khairpur, had recommended this quashment because the mandatory enquiry under subsection (3) of section 117 was not conducted by the Magistrate before passing the impugned order requiring the respondents to furnish surety. The Magistrate failed to discuss the case against each of the accused and did not examine independent witnesses. Therefore, the court agreed with the Sessions Judge's observations and quashed the order. |
| Summary |
In this case, the Sindh High Court dealt with a criminal reference made by the Sessions Judge, Khairpur, regarding the quashment of an order passed by the Mukhtirkar & F. C. M. Gambat. The order dated 7-5-1974 mandated the detention of the respondents until they executed a bond in the sum of Rs. 5000 each with one surety in the like amount. The proceedings were initiated under section 107 of the Criminal Procedure Code after the S. H. O. Sobhodero filed a report stating that the respondents had taken possession of land and frightened away the haris by firing in the air. However, the Sessions Judge found that the Magistrate did not conduct the mandatory enquiry required under subsection (3) of section 117, Cr. P. C., before passing the impugned order. The Magistrate failed to discuss the case against each accused and did not examine independent witnesses to assess the necessity of detention to prevent a breach of peace. The Sindh High Court accepted the reference, agreeing with the Sessions Judge's observations, and quashed the order, emphasizing the importance of adhering to procedural requirements in criminal proceedings. This case underscores the need for courts to ensure due process and proper evaluation of evidence before imposing restrictions on personal liberty. |
| Court |
Sindh High Court
|
| Entities Involved |
Mukhtirkar & F. C. M. Gambat,
Sessions Judge, Khairpur,
S. H. O. Sobhodero,
Ranjho Kharal,
Naseem Kharal
|
| Judges |
I. MAHMUD, J
|
| Lawyers |
Not available
|
| Petitioners |
The State
|
| Respondents |
Others,
Jan Muhammad
|
| Citations |
1975 SLD 872,
1975 PCRLJ 1257
|
| Other Citations |
P L D 1963 Kar. 673,
P L D 1964 Kar. 85
|
| Laws Involved |
Criminal Procedure Code
|
| Sections |
107,
117(3),
117(1)
|