Law:

Section:

Anti-Terrorism Act (XXVII of 1997) --------- ----------Ss. 23, 8, 7 & 6(k) --------- Penal Code (XLV of 1860), Ss. 302, 148 & 149 --------- Criminal Procedure Code (V of 1898), S. 561-A --------- Qatl-i-amd; abetment; common object; terrorism --------- Power to transfer cases to regular courts --------- Application under S. 561-A, Cr.P.C. --------- Complainants alleged that the accused persons demanded Bhatta from them, and on their refusal to pay the same, the accused attacked on them with firearms making straight and aerial firing, which had resulted in killing of the deceased --------- Anti-Terrorism Court dismissed application for transfer of the case to ordinary court --------- Validity --------- Undeniably, the parties were on inimical terms with each other, as factum of animosity was reflected form the series of FIR's lodged by them --------- Government had issued notification, whereby reward money for dangerous criminals had been notified and the name of the deceased was mentioned therein --------- Said notification had also mentioned the personal character and criminal activities of the deceased --------- Neither the deceased had challenged said notification, nor the same had been recalled by the Home Department --------- Averments of the FIR were silent regarding financial status and source of income of the complainant against which the accused had been demanding Bhatta --------- Complainant had also not disclosed the specific dates, time and places of demanding of Bhatta by the accused person, nor any such evidence had been produced before the Investigating Officer to prima facie establish such allegations --------- Mere allegations of demanding Bhatta, in absence of any tangible material, did not attract S. 6(k) of Anti-Terrorism Act, 1997 --------- Section 6(k) of Anti-Terrorism Act, 1997 was neither mentioned in the FIR nor in the Challan --------- Anti-Terrorism Court had taken cognizance of the case while declining request of the Investigating Officer to transfer the case to the ordinary court --------- Cumulative effect of the averments of FIR, surrounding circumstances and other material available on record, had replicated that the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492