Law: Anti Terrorism Act, 1997

Section: 7,13,19(3)

Law: Criminal Procedure Code (V of 1898)

Section: 154,156,173,200,200(aa),201,202,203,204, 435,439

Law: Anti Terrorism Act, 1997

Section: 6

Law: Constitution of Pakistan, 1973

Section: 199

(a) Anti-Terrorism Act (XXVII of 1997)--- ----S. 13---Constitution of Pakistan, Art. 199---Constitutional petition filed against an interim order passed by the Anti-Terrorism Court during proceedings of a case---Maintainability---Such a petition was not maintainable. (b) Criminal Procedure Code (V of 1898)--- ----S. 204---Private complaint---Order for summoning person complained against--- Adverse order ---Scope---Order passed for the summoning of the person complained against under S. 204, Cr.P.C. modified the status of said person to an accused and offered him/her an opportunity to respond to the charges levelled against him---Any such order, therefore, did not tantamount to infringement of any right of that person and could not be treated or deemed as an adverse order ---Opportunity was afforded to such person to explain his position. Noor Muhammad v. The State PLD 2007 SC 9 ref. (c) Criminal Procedure Code (V of 1898)--- ----S. 204---Private complaint---Order for summoning only some of the persons complained against---Scope and effect---In certain cases, the court may summon only a few accused and refuse to summon certain other accused persons---In such cases the order not to summon some of the persons complained against to such extent amounted to partial dismissal of the complaint. (d) Criminal Procedure Code (V of 1898)--- ----Ss. 203 & 204---Private complaint---Judicial order---Order passed under Ss. 203 & 204 of Cr.P.C. was a judicial order. Muhammad Farooq v. Ahmed Nawaz Jagirani and others PLD 2016 SC 55 ref. (e) Criminal Procedure Code (V of 1898)--- ----S. 203---Private complaint, dismissal of---Order passed under S. 203, Cr.P.C.---Scope---Such order could not 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---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. Mst. Robina Rashid v. Farrukh Amin…

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