Law: Constitution of Pakistan, 1973

Section: 199

Law: Explosive Substances Act, 1908

Section: 4,5

Law: Anti Terrorism Act, 1997

Section: 7

Law: Arms Ordinance (XX of 1965)

Section: 13(b)(d)

Constitution of Pakistan, 1973-- ----Art. 199--Constitutional petition--Arms Ordinance, 1965, S. 13(b)(d)--Explosive Substances Act, 1908, Ss. 4 & 5--Anti Terrorism Act, 1997, S. 7--Recovery of huge quantity of Arms--Lodging of FIR--Completion of Investigation--Challan was submitted--Application for withdrawal of case by special public prosecutor--Dismissed--Challenge to--We are of opinion that withdrawal of case is based on mala fide on part of Chief Minister, which is evident of fact that Secretary Home and Tribal Affairs, Secretary Prosecution and Chief Secretary, Government of Balochistan, had opposed withdrawal--Moreover, no reason has been given by Provincial Government for withdrawal of case--Be that as it may, trial Court had passed a well reasoned order based on comments/proposal of State functionaries, which do not call for any interference by this Court--Parties are directed to appear before trial Court who shall proceed with case in accordance with law and to decide it as early as possible--Interim order dated 26.3.2018 passed by this Court is hereby recalled. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 494--Withdrawal of--Consent of Judicial domain--Powers of public prosecutor--Locus standi--Effect of--Provision of law shows that a move for withdrawal of prosecution under Section 494, Cr.P.C could be made by Public Prosecutor and he could withdraw such prosecution with "consent" of trial Court, before pronouncement of a --It further shows that power of Public Prosecutor to withdraw from prosecution of any case is subject to "consent" of Court--Therefore, it is within judicial domain of trial Court to refuse or accede to withdrawal of prosecution of a person in any case--Application for withdrawal was filed by learned Prosecutor, as he alone was competent to do so as provided by Section 494, Cr.P.C.--After dismissal of that application, learned Prosecutor or Government did not challenge order impugned--Rather, learned Prosecutor appearing before this Court had defended impugned order and opposed this petition--Under such circumstances, petitioner/ accused has no locus standi to challenge order nor can request for withdrawal of…

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