| Citation(s) |
|---|
| 2017 SLG 117 2017 SLD 117 2017 PCRLJ 46 |
Lahore High Court
Writ Petition No. 36371 of 2015, decided on 18th February, 2016.
SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE AND SARDAR AHMAD NAEEM, JUSTICE
Ali Zia Bajwa for Petitioner. Muhammad Naseem Akhtar, DDPP with Muhammad Tariq and Sharjeel, Inspectors for
Respondents.
Writ Petition No. 36371 of 2015, decided on 18th February, 2016.
SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE AND SARDAR AHMAD NAEEM, JUSTICE
Ali Zia Bajwa for Petitioner. Muhammad Naseem Akhtar, DDPP with Muhammad Tariq and Sharjeel, Inspectors for
Respondents.
MUNAWAR HUSSAIN
VS
. JUDGE, ATC II, LAHORE AND 2 OTHERS
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----Ss. 185(2), 179, 235 & 561-A---Anti-Terrorism Act (XXVII of 1997), Ss. 12, 17 & 21-M---Petitioner/accused arrested in the FIR registered for kidnapping of the complainant's son from (Lahore) and the Anti-Terrorism Court at (Lahore) took cognizance of the offence against the petitioner---Complainant's son was recovered from (Bannu, Khyber Pakhtunkhwa) from the custody of the other accused persons and in that regard a second FIR was lodged against the accused with the police station at (Bannu)---Petitioner, for fair trial and safe administration of justice, sought summoning of the record and accused persons of the second FIR at Lahore on the ground that the alleged abduction of the complainant's son at Bannu and his subsequent recovery from there was continuation of the first FIR registered at Lahore---Validity---High Court had the jurisdiction in the matter when the Anti-Terrorism Court at Lahore had already taken cognizance of the case and directed submission of supplementary challan in that regard---Under S. 235, Cr.P.C. trial of more than one offence of same acts had to be conducted before one court---Under S. 179, Cr.P.C., when acts of same transaction jointly constituted the same offence, that offence could be inquired into and tried within the limit of the court under whose jurisdiction the act was done or ensued---If such a situation had arisen within the local limits of two different courts of two different Provinces, the Legislature had provided the solution for the same in S. 185(2), Cr.P.C., according to which the court trying the case of first act would try the case of subsequent acts of the same transaction, and in that regard the High Court had been empowered to pass an appropriate order under S. 185(2), Cr.P.C.---Section 12 of Anti-Terrorism Act, 1997 provided that whenever a scheduled offence was committed, the same was only triable by the court constituted under Anti-Terrorism Act, 1997---Under S. 29 of Anti-Terrorism Act, 1997, the courts constituted under the Act had precedence over the ordinary courts of law except the High Court---Court at Lahore, although, had been constituted under the…
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