| Citation(s) |
|---|
| 2018 SLG 2830 2018 SLD 2830 2018 PLJ 911 |
Crl. Rev. Nos. 9027 & 7067 of 2017, heard on 27.06.2018. Dates of hearing: 19.04.2018, 23.04.2018, 25.04.2018, 11.05.2018, 15.05.2018, 16.05.2018, 17.05.2018, 21.05.2018, 22.05.2018, 23.05.2018, 24.05.2018, 26.06.2018, 27.06.2018.
MUHAMMAD QASIM KHAN, JUSTICE
Petitioner(s) by: Rai Bashir Ahmad, Muhammad Azhar Siddique, Mirza Naveed Baig, S. Parveen Mughal, Naeem-ud-Din Chaudhry, Abdullah Malik, Sardar Ghazanfar Husain, Mr. Adeel Hassan and Syed Umair Abbas, Ch. Naeem-ud-Din Chaudhry,Advocates (in Crl. Rev. No. 9027/2017). Mr. Azam Nazir Tarrar with Imran Arif Ranjha & Imran Nazir Chatha, Advocates (in Criminal Revision. No. 7067/2017).
Respondent(s) by: Mr. Muhammad Hammad Khan Rai, Assistant Advocate General
Law: Anti Terrorism Act, 1997
Section: 7
Law: Pakistan Penal Code, 1860
Section: 295-B,302,324,395,427,452
Anti-Terrorism Act, 1997 (XXVII of 1997)-- ----S. 7--Pakistan Penal Code, (XLV of 1860), Ss. 302/324, 295-B/452, 395/427--Non summoning order--challenge of--Maintainability of criminal revision petition--A private complaint was filed petitioner before Special Court wherein, 139 persons were cited as accused;After recording cursory evidence, the Respondents No. 13 to 138, were summoned and Respondents No. 1 to Respondents No. 12, were not summoned--petitioner challenged the order. Criminal Revision-- ----Maintainability of criminal revision petition under Anti-Terrorism Act, 1997--both the petitions had initially filed respective writ petitions to raise their grievances, but this Court held that against an interim order passed by a Court under Anti-Terrorism Act, 1997, writ petition is not maintainable, as under Anti-Terrorism Act, 1997, applicability of Sections 435 and 439 of the Code has not been restricted, except under Section 21(d) to the extent of bail, hence, criminal revisions were competent, therefore, on our direction the writ petitions were converted into criminal revision. Partial Summoning of Accused-- ----The Court may summon only a few accused and refuse to summon certain number of accused persons--In case where some of the "persons complained against" are not summoned, the said order to that extent also amounts to partial dismissal of the complaint. AIR 1929 Bombay 436 ref. Judicial Order-- ----The order passed under Section 203 and 204 of the Code is a judicial order. PLD 2016 SC 55 ref. Non Summoning Order/Discharge Order-- ----The order passed under Section 203 of the Code cannot be held as autrefois or statutory acquittal--At the most, dismissal of the complaint as a whole or non-summoning of some of the persons complained against may have the effect of discharge--The complainant, at his own option, may file a subsequent fresh complaint on same allegations by adding some new facts/grounds and mentioning any new material/evidence which earlier were not in his knowledge or the complainant was not in a position to bring them on record. PLD 2011 FSC 121; 2015 PCr.LJ 784; 2018 PCr.LJ 771 ref. Right of Audience-- ----The right of audience of 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