Law:

Section:

Penal Code (XLV of 1860)---Ss. 324 & 337-F---Azad Jammu and Kashmir Islamic Penal Laws (Enforcement) Act (IX of 1974), S.25---Attempt to commit qatl-e-amd, causing hurt to any person---Appreciation of evidence---Police, after registration of case on report of complainant against the accused, submitted report under S.173, Cr.P.C. after necessary investigation in Tehsil Criminal Court declaring the accused innocent---Trial Court disagreed with the Police investigation and summoned accused, who filed revision petition in Shariat Court, which was dismissed being incompetent---Validity---Offences registered against accused under Ss.324 & 337-F, P.P.C., were triable by Tehsil Criminal Court---Any interim order or of Tehsil Criminal Court could be challenged by way of a revision before the Shariat Court---Order passed by the Tehsil Criminal Court was an interim order and under S.25(2) of Azad Jammu and Kashmir Islamic Penal Laws (Enforcement) Act, 1974, any interim order or of Tehsil Criminal Court could be challenged by way of a revision petition in the Shariat Court---Order passed by the Tehsil Criminal Court being an interim order was revisable by the Shariat Court---Shariat Court, in circumstances, had failed to apply correct law---Impugned passed by the Shariat Court was set aside and case was remanded to Shariat Court for decision on merits, in circumstances. JUDGMENT MUHAMMAD AZAM KHAN, C.J.---The captioned appeal has been filed against the judgment of the Shariat Court dated 23rd February, 2009, whereby Criminal Revision Petition No.24 of 2008 from an order passed by Tehsil Criminal Court Kotli on 27th February, 2008, has been dismissed. 2. Necessary facts for the disposal of instant appeal are that a case under sections 324, 337-F APC was registered at Police Station Kotli on 25th March, 2007 on a report made by respondent No.1 against the accused-appellant. After necessary investigation, the police submitted report under section 173, Cr.P.C. in Tehsil Criminal Court Kotli declaring the accused-appellant innocent. The trial Court disagreed with the police investigation and summoned the accused-appellant. Feeling aggrieved, he filed a revision petition…

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