Law: Criminal Procedure Code (V of 1898)

Section: 561A

Law: Pakistan Penal Code, 1860

Section: 34,302

Criminal Procedure Code (V of 1898)--- ----S.561-A---Penal Code (XLV of 1860), Ss. 302 34---Qatl-i-amd, common intention---Inherent powers of High Court---Quashing of order---Scope---Application filed by complainant for transfer of the case to the Anti-Terrorism Court for trial was dismissed---Validity---Accused were charged for committed murder of the brother and maternal-uncle of the complainant by causing hatchet and lathi blows and then forcibly threw them under the rear wheels of troller on the main road, resultantly they were smashed and died there---Complainant in the FIR had not mentioned any word, which might suggest that the private respondents had created any sort of terror and sense of insecurity amongst the general public of the area at the time of incident---Admittedly, there was previous enmity between the parties over the matter of Karap and series of FIRs had been registered against each other---No ingredients of S.6 of the Anti-Terrorism Act, 1997, were attracted in the case---There was nothing on record to suggest that it was pre-planned incident, which might call for its adjudication by the Court constituted under the provisions of Anti-Terrorism Act, 1997---Impugned order did not call for interference, in circumstances---Application was dismissed accordingly. Province of Punjab through Secretary Punjab Public Prosecution Department and another v. Muhammad Rafique and others PLD 2018 SC 178 rel. ORDER AFTAB AHMED GORAR JUSTICE:---.--- Through instant Criminal Miscellaneous Application under section 561-A, Cr.P.C, the applicant/complainant has impugned order dated 24.01.2019 passed by learned Additional Sessions Judge, Pano Akil, whereby the application filed by the applicant/complainant for transfer of the case to the Anti-Terrorism Court for its trial, has been dismissed. 2. The facts in brief necessary for disposal of instant Criminal Miscellaneous Application are that the applicant/complainant lodged FIR on 23.02.2017 at 1420 hours in respect of the incident, which took place on 28.09.2016 at 7:00 pm (evening) with Police Station, Baiji Sharif, alleging therein that the private respondents after having formed an unlawful assembly and in…

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