[Sections 106 TO 119, Cr.P.C.]
Solitary incident of beating at a place by persons belonging to another district. Held, proceedings under section 107, Cr.P.C. are not justified 49 Cr.LJ 14 Siri Ram v. Babu Ram.
Doing of lawful act. The mere fact that when a person wants to do a lawful act and he is threatened by other persons to prevent the performance of that act and thus threatens to create breach of the peace is no ground for binding him over under section 107, Cr.P.C. 43 Cr. LJ 357 Govind Amrita. AIR 1926 Lah. 683.
Person doing lawful act cannot be proceeded under section 107, Cr.P.C. and security demanded because the other party objected to the act and there was danger of breach of peace. ILR 7 Lah. 482 Khazan Chand v. Crown ILR 8 Lah. 482 Thaker Singh v. Crown.
Preventive action of police. Section 107 (2), Cr.P.C. Temporary presence within local limits is sufficient to give jurisdiction to the Magistrate to deal with the person not living permanently in his circle. PLD 1958 Kar. 471 Muhammad Shafiq.
"Likelihood of breach of peace" is a condition precedent for demanding security. Magistrate failing to record anything that the person proceeded against was "likely to commit breach of peace or do any other acts" stated in section 107. Demand of security, held, wholly unjustified. Mere "danger" or "possibility of breach of peace" is not sufficient for initiating proceedings. Provision of section can be invoked only on finding based on legal evidence that breach of peace is imminent or probable. Prosecution to prove it. PLD 1`963 Pesh. 175 Ijaz Ali Shah v. Iqbal Begum.
Mere apprehension of breach of peace would not entitle police to arrest anyone. Case must be one of emergency and there must be facts showing that without arrest commission of offence could not be prevented. Right of self-defence against arrest violating provisions of section 107, Cr.P.C. available under section 99, P.P.C. or other exceptions. (DB) AIR 1930 Lah. 384 relied on in PLD 1964 Lah. 119 Ahmed v. Crown.
Is person proceeded against likely to commit breach of peace? When there is no such likelihood the proceedings u/S. 107/151, Cr.P.C. were quashed. PLJ 1994 Cr.C. (Kar) 419, Muhammad Amir.
Mere consent or readinss to furnish security does not amount to plea of guilty. Court is not justified in binding over a person on the strength of such consent alone. PLD 1960 Lah. 819 Jalal. PLD 1963 Pesh. 233 Abdul Karim 1972 P.Cr.LJ 617 Sher Zaman AIR 1917 Lah. 304 = AIR 1925 Lah. 135 = AIR 1929 Lah. 504 = PLJ 1976 Kar. 101 State v. Hassan.
Whether section 250, Cr.P.C. applicable to proceedings under section 107, Cr.P.C. Held, the law did not prohibit the grant of compensation under section 250, Cr.P.C. to a person against whom proceedings under section 107, Cr.P.C. are taken and those proceedings are found to be false, frivolous and vexatious. PLD 1960 Lah. 1223 Fazal Din v. Ghulam Qadir. This authority was upset by the Supreme Court in appeal from this order, infra.
Section 250(1) read with section 107, Cr.P.C.; Order for compensation under section 250 (1), Cr. P.C. in terms does not apply to proceedings under section 107, Cr.P.C. Petition under section 107, Cr.P.C. is not a complaint nor is an allegation of an offence. Therefore, the security proceedings under section 107, Cr.P.C. are not within the purview of section 250, Cr. P.C. No compensation can be claimed under section 250, Cr.P.C. (SC) PLD 1962 SC 331 Ghulam Qadir v. Fazal Din.
Section 109 contemplates continuous concealment and not momentary effort to avoid detention or arrest. PLD 1962 Dacca 611 Abdul Aziz.
"Who cannot give satisfactory account of himself" does not refer to momentary behaviour. Person cannot be bound down because he fails to satisfy Magistrate about his conduct at a particular time or place. PLD 1964 Kar. 384 State v. Abdul Karim.
"Cannot give satisfactory account of himself", Momentary effort at concealment is being found in possession of house-breaking implements at night, or failure to explain momentary behaviour are isolated acts and do not fall under section 109, Cr.P.C. PLD 1975 Kar. 151 State v. Sharbat etc.
Accused person should not be bound down under section 110, Cr. P.C. upon evidence of repute unless such evidence is very strong and almost universal. AIR 1925 Lah. 166 Wali Muhammad v. Emperor.
Surety for good behaviour u/S. 109 Cr.P.C. cannot be ordered to be furnished when the petitioners are neither vagabonds nor loafers and no criminal cases are pending against them. Order of the District Magistrate set aside. PLJ 1996 Cr.C. (Q) 63, Haji Muhammad Qasim.
Defence under Section 110, Cr.P.C.: Where a large volume of evidence in favour of the accused is as good as, if not better than, that of the prosecution, there is no ground for making an order under this section. AIR 1930 Lah. 1051 Ahmed Ali. 25 Cr.L.J. 35 Amjad Ali
Proceedings u/S. 110, Cr.P.C. quashed when provision of Section 112, Cr.P.C. not complied with. NLR 1982 Cr. 450 Imdad Khan.
Defence evidence: When a large body of respectable persons testified to the character of the accused against the evidence of police officers. The opinion of the former should be accepted and an order under this section should not be made. ILR 9 Lah. 133 Kundan.
Nothing on record to show any conviction but discharge and acquittal in all cases against him. Order directing furnishing of bail bonds and sureties set aside, 1972 P.Cr.LJ 617. Sher Zaman. Contra PLJ 1973 Lah. 148 Allah Bakhsh Khan.
Section 110, Cr.P.C. and evidence of reputation: Evidence of reputation though admissible must be based on solid instances. Evidence of reputation by police officer requires close scrutiny and when not based on solid facts is not to be relied on. 1975 P. Cr. LJ 257 Mehar Khan.
Section 110, Cr.P.C. Vague and general allegations that the petitioner is habitual robber, house-breaker, thief, receiver of stolen property, harbourer of criminals, etc. with no particular instances. No respectables of locality cited as witnesses. Held, proceedings not properly instituted. 1978 P.Cr.LJ 161 = 1978 P.Cr.LJ 269. Allan.
Prosecution u/S. 110, Cr.P.C. quashed when provisions of section 110, Cr.P.C. not attracted by the allegations. 1978 P. Cr. LJ. 761 Mustafa.
Proceedings u/S. 110/55, Cr.P.C. quashed alongwith order u/S. 112, Cr.P.C. when no person from public was cited as a witness and no concrete cases against him were cited to show his involvement in crime. PLJ 1996 Cr.C. (Kar) 948, Sono.
"Habit" must be proved by a series of criminal acts and not an isolated instance, infra. PLD 1978 Kar. 368 Shero.
"General Reputation" is to be established by first hand information of respectable persons of the locality who know the person proceeded against, and not by police record or police officers. PLD 1975 Kar. 1035 Mazan. PLD 1975 Cr.C. (Kar.) 570 = PLD 1978 Kar. 368 Shero.
"General Repute" evidence under section 110, Cr. P.C. must be that of respectable persons acquainted with the person sought to be bound over. Isolated act of theft does not make a person an habitual thief. PLJ 1976 Kar. 77 Mazan.
Habitual mischief-monger and abetting offences involving breach of peace, such allegation do not attract proceedings under section 110, Cr.P.C. Proceedings quashed. 1976 P. Cr. LJ 232 Dildar Shah.
Habitual offender for proceeding u/S. 110/55, Cr.P.C. there should be evidence against the person proceeded against, of the persons of locality where he resides, the evidence of police officers is not enough. Applicant in jail nearly for a year. No conviction cited against the applicant. Proceedings quashed. PLJ 1994 Cr.C. (Kar) 369, Noor Nabi.
Proceedings u/S. 55/110, Cr.P.C. quashed u/S. 561-A, Cr.P.C. as petitioner had been acquitted in all cases 13 years ago. No witness cited from locality about the petitioner's general reputation. PLJ 1996 Cr.C. (Pesh) 334, Muhammad Ayub.
Applicants required to show cause why they should not be bound down for one year. Continuation of proceedings beyond such period is not barred. Period to commence after date of final order. 1973 P.Cr. LJ 36 Azim-ud-Din. The proceedings require immediate conclusion otherwise they become futile. 'supra. PLD 1963 Kar. 673 State v. Hyder Bux (DB) relied upon.
Order made for a period of 12 months. Person proceeded against continuing to remain in custody for 16 to 17 months pending proceedings, order quashed. PLD 1963 Kar. 673 State v. Hyder.
Delay of one year, in disposal of the case, held, proceedings were abuse of the process of the Court and quashed. PLD 1963 Kar. 679 State v. Ghulam Haider.
Notice to furnish security for good behaviour for one year while respondents were committed to jail. Retrial ordered. Period of notice expiring pending retrial proceedings quashed under section 561-A, Cr.P.C. Fresh proceedings can only be instituted on fresh information. PLD 1961 Kar. 118 State v. Shafi Muhammad.
Period of 2 years u/S. 112, Cr. P.C. expired during proceedings. Held, no further proceedings could be taken on the basis of order u/S. 112, Cr. P.C. 1978 P.Cr.LJ 161. Miral. Also see PLJ 1978 Cr.C. (Kar.) 219 State v. Budo.
Period of good behaviour expiring pending revision, order becomes infructuous. PLD 1958 Kar. 646 Jamal Khan.
Statement of S.H.O. alone: Order under section 112, Cr. P.C. on the statement of the S.H.O.alone, and the order not disclosing the names of the witnesses held, order contrary to section 117 (3) and set aside. 1975 P.Cr. LJ 33 State v. Shan etc.
Breach of peace. Simple opinion by witnesses is not sufficient to prove danger of breach of peace. Some overt act must be proved. AIR 1926 Lah. 689 (1) Toti Sarup.
Section 110, Cr.P.C. and smuggling. Cases of smuggling do not fall within purview of section 110, Cr. P.C. Proceedings taken on the ground of being a notorious smuggler quashed. 1976 P.Cr. LJ 1380 Abdul Ghani.
Security bond attestation: Magistrate demanding security beyond means or requiring Tehsildar to verify bonds or asking police to report about suitability of sureties condemned. PLD 1965 Pesh. 74 Muhammad Sarwar.
Lambardari: Binding down a candidate under section 107, Cr. P.C. is not an automatic disqualification for the appointment. PLD 1964 Rev. 42.
Running of Chakki with diesel oil engine causing noise and pollution held to be nuisance u/S. 133, Cr.P.C. and order prohibiting its operation upheld. PLJ 1998 Lah. 1241 Shah Muhammad v. Addl. Sessions Judge etc.
Proceedings u/S. 145, Cr.P.C. quashed in application u/S. 561-A, Cr.P.C. as the Civil Court had taken congnizance of the matter and the temporary relief claimed u/S. 145, Cr.P.C. can be granted by the Civil Court on permanent basis. PLJ 1999 Cr.C. (Lah.) 620, Raja Talat Mahmood v. Syed Ihsan-ul-Haq.