Law: Criminal Procedure Code (V of 1898)

Section: 201,561A

Law: Pakistan Penal Code, 1860

Section: 34,109,302,324

Law: Anti Terrorism Act, 1997

Section: 12

Law: Arms Ordinance (XX of 1965)

Section: 13

Criminal Procedure Code (V of 1898)--- ----Ss. 201 & 561-A--- Arms Ordinance (XX of 1965), S. 13---Penal Code (XLV of 1860), Ss. 302, 324, 109 & 34---Anti-Terrorism Act (XXVII of 1997), S. 12---Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009, Art. 60---Qatl-i-amd---Offences and penalties under the Arms Ordinance, 1965---Transfer of case from Anti-Terrorism Court to Judicial Magistrate---Cases against accused/appellant were registered under Ss.302, 324, 109 & 34 of the P.P.C. and on alleged recovery of weapon, a further charge was registered against accused under S. 13 of the Pakistan Arms Ordinance, 1965 in the FIR---Trial Court under S. 12 of the Anti-Terrorism Act, 1997 read with S. 13 of the Arms Ordinance, 1965 transferred the case relating to recovery of weapon to Judicial Magistrate on ground that the said charge was exclusively triable by the Judicial Magistrate under S. 13 of the Arms Ordinance, 1965---Said order of Trial Court was set aside by Chief Court---Validity---FIR relating to charge under S. 13 of the Arms Ordinance, 1965 was part of the main case and transfer of the said case to the Judicial Magistrate was not sustainable as it was a corroborative piece of evidence in the main case which had been rightly reversed on appeal by the Chief Court, which had inherent powers to do so under S. 561-A, Cr.P.C.---Judicial Magistrate did not follow the proper procedure provided for in the Cr.P.C. and transfer of the case by the Chief Court was not only illegal but also unwarranted---Impugned order having rightly been passed Supreme Appellate Court converted the petition into appeal and dismissed the same in circumstances. THIS JUDGMENT DELIVERED BY: DR. RANA MUHAMMAD SHAMIM, C.J.-- This Criminal Petition for leave to appeal has arisen out of the impugned judgment dated 08.11.2016 in Criminal Appeal No. 40/2016 passed by the learned Chief Court whereby the said Criminal Appeal filed by the State was allowed by setting aside the order dated 06.09.2016 passed by the learned Judicial Magistrate Gilgit. Consequently, the case was remanded back to the learned court of Anti-Terrorism Gilgit for proceedings/ disposal along with the main…

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