Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 190 & 191---Cognizance of offences by Magistrates and transfer of case on an application of accused---Scope and applicability of Ss. 190 & 191, Cr.P.C. and procedure stated. Abus Sattar Molla v. The Crown PLD 1953 FC 145; Abdul Razzaq Butt v. Kalsoom Bibi 1999 MLD 30; Nga Chan Tha v. Emperor AIR 1923 Rangoon 31; Intaj Khan v. Emperor AIR 1934 Rangoon 193 and Babu and 3 others v. The State 1969 PCr.LJ 226 ref. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 190, 191 & 193---Penal Code (XLV of 1860), Ss.302/324/109/34---Anti-Terrorism Act (XXVII of 1997), Ss.12, 13 & 32---Suppression of Terrorist Activities (Special Courts) Act (XV of 1975), Ss.3, 4 & 10---Application filed under S.193, Cr.P.C. had been decided in favour of complainant and ultimately an option was given by Supreme Court to the accused to have a right to approach the Trial Court for recall of the order---Said order was recalled by consent to the effect that application under S.193, Cr.P.C. would be treated as pending and would be taken up after recording evidence---No evidence had been discussed by the court in the order nor made a basis of the impugned order, clause (c) of subsection (1) of S.190, Cr.P.C. therefore, was not applicable---Trial Court was not a court of Magistrate or a court of Sessions Judge, but was a court of Special Judge (STA)---Jurisdiction under Anti-Terrorism Act, 1997, was specific and limited for a specified area and provisions of said Act had overriding effect over the provisions of Criminal Procedure Code, 1898---Provisions of Suppression of Terrorist Activities (Special Courts) Act, 1975 and those of S.191, Cr.P.C. had no applicability---Revision petition was dismissed. Abus Sattar Molla v. The Crown PLD 1953 FC 145 distinguished. Muhammad Riaz v. The State 1983 SCMR 816; Muhammad Ashraf v. Zafar Mahmood alias Master Khaki Zaman and others PLD 1967 Lah. 1045; Abdul Ghafoor v. The State 1997 PCr.LJ 953; Abdul Razzaq Butt v. Kalsoom Bibi 1999 MLD 30; Nga Chan Tha v. Emperor AIR 1923 Rangoon 31; Intaj Khan v. Emperor AIR 1934 Rangoon 193 and Babu and 3 others v. The State 1969 PCr.LJ 226 ref.…

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