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THIS ORDER PASSED BY: MANZOOR AHMAD MALIK, JUSTICE:---.--- Petitioner-complainant seeks leave to appeal against the order of the Lahore High Court, Lahore dated 05.11.2015 whereby the constitutional petition filed by the respondent No. 1 for transfer of trial of case FIR No. 740 of 2015 dated 25.04.2015, offence under sections 324, 148, 149, P.P.C. Read with section 7 of the Anti-Terrorism Act, 1997 registered at. P.S. Factory Area, Lahore, was allowed, the application of respondents under section 23 of the A.T.A. was accepted and learned Anti Terrorism Court was directed to transmit the record of the aforesaid case to the court of ordinary jurisdiction. 2. The facts of the case have been reproduced in verbatim by the learned High Court in Para 5 of the impugned order which need not be reiterated. 3. Mr. Naveed Inayat Malik, learned counsel appearing for the petitioner-complainant has vehemently contended that provisions of section 6 of the Anti-Terrorism Act, 1997 [hereinafter referred to 'the Act, 1997'] are fully attracted and are applicable to the facts of the present case; that nine persons from petitioner-complainant side were injured in this incident and on their medical examination, the doctor found firearm injuries on their persons; that the incident took place on the day of election on a thoroughfare and the sole design behind the occurrence was to create terror amongst the public at large; that recovery of .30 bore pistol and .12 bore gun at the instance of Tanvir alias Chhana further strengthens the case of the petitioner-complainant. The learned counsel, in support of his arguments, relied on a judgment of this Court passed in Kashif Ali v. The Judge, Anti-Terrorism, Court No. II, Lahore and others (PLD 2016 SC 951) and argued that the learned High Court while passing the impugned order did not advert to the ratio laid down by this Court in the aforesaid judgment and the same is not sustainable in law. 4. Conversely, Ch. Aitzaz Ahsan, learned Sr. ASC appearing on behalf of respondent No. 1 argued that it is very much apparent from the contents of FIR that the alleged incident took place because of the reason that complainant side after winning the…

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