Law: Pakistan Penal Code, 1860

Section: 302,34

Law: Anti Terrorism Act, 1997

Section: 6(2)(m)(n),7,13,23

Penal Code (XLV of 1860)--- ----Ss. 302 & 34---Anti-Terrorism Act (XXVII of 1997), Ss.6(2)(m)(n), 7, 13 & 23---Qatl-e-amd, common intention, act of terrorism---Dismissal of application for transfer of case from Anti-terrorism Court to regular court by accused---Validity---Sufficient material had been collected to create a nexus between the Scheduled offence allegedly committed by accused---Accused had launched an assault upon the member of Police Force (S.H.O.) as to deter him from performing his official duties; and had committed his murder---If such allegations were accepted as correct on the basis of material available on record, 'actus reus' attributed to accused would attract the provisions of S.6(2)(m)(n) of Anti-Terrorism Act, 1997---Accused being subordinate to deceased S.H.O., by such act of accused it had created sense of insecurity in Police Officials---Anti-Terrorism Court had exclusive jurisdiction to try the case and had rightly framed the charge against accused---No illegality or infirmity in the impugned order had been pointed out and it was based upon sound reasons---Impugned order was maintained---Petition being without any merit was dismissed, with direction to the Ante-Terrorism Court to proceed with the case expeditiously, as provided in the Anti-Terrorism Act, 1997. ORDER NAIMATULLAH PHULPOTO, J.---Through the instant criminal revision application, applicant Nazakat Ali has impugned order dated 19-7-2013 passed by learned Judge Anti-Terrorism Court No.III Karachi in Special Case No.27(III)/2013 "The State v. Nazakat Ali' under sections 302/34, P.P.C. read with section 7 of the Anti-Terrorism Act, 1997 whereby an application under section 23 of the Anti-Terrorism Act, 1997 filed by the applicant/accused Nazakat Ali was dismissed. 2. Notice of this application was issued to the learned Prosecutor General Sindh and complainant. 3. Brief facts leading to the filing of instant application are that on 9-4-2013 at 2130 hours S.H.O. Agha Asadullah Khan of Police Station Preedy along with PC Nazakat Ali left the police station in his Car No.KG-469 for patrolling duty. When they reached at Daudpota Road crossing, Shahrah-e-Iraq, near Murshid…

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