Case Details

Citation(s)
2018 SLG 3022 2018 SLD 3022 2018 YLR 11

Criminal Revision No. 18 of 2016, decision & hearing Dated: 17-04-2017.
MUHAMMAD ALAM, JUSTICE MALIK HAQ NAWAZ, JUSTICE
Petitioner(s) by: Malik Sherbaz, Deputy Advocate General
Respondent(s) by: None

THE STATE

VS

ASADULLAH

Law: Criminal Procedure Code (V of 1898)

Section: 526

Law: Arms Ordinance (XX of 1965)

Section: 13

Criminal Procedure Code (V of 1898)--- ----S. 526---Arms Ordinance (XX of 1965), S. 13---Powers of High Court to transfer case---Possession of unlicensed arms---Accused was arrested by the local police with a .30-bore pistol---Trial Court transferred the case from Anti-Terrorism Court to the court of Judicial Magistrate---Validity---Record showed that pistol had not been recovered on the pointation of accused during investigation of the case as a weapon of offence---FIR under S.13, Arms Ordinance, 1965 and not under any provision of Anti-Terrorism Act, 1997 had been registered against the accused---Petition had been filed after two and half years, which was time barred---Revision was dismissed in circumstances. THIS ORDER PASSED BY: MALIK HAQ NAWAZ, J.--- The instant criminal revision petition under section 439, Cr.P.C. read with section 526 Cr.P.C. has been filed by the learned Deputy Advocate General against the order dated 17-04-2013, passed by learned trial Judge Anti-Terrorism Court No. II, Gilgit. 2. The respondent Asadullah son of Muhammad Ayoub was arrested by a police party being headed by SIP Zahoor Ahmed of Police Station City Gilgit. It is mentioned in the FIR No. 75/2012 that the accused Asadullah was arrested by the local police with a 30 bore pistol and the…
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