Law: Anti Terrorism Act, 1997

Section: 7,23

Law: Pakistan Penal Code, 1860

Section: 365-A/337-A(i)/337-L(ii)/147/149

Anti Terrorism Act, 1997 (XXVII of 1997)-- ----Ss. 7 23--Pakistan Penal Code, (XLV of 1860), Ss. 365-A/337-A(i)/ 337-L(ii)/147/149--Application u/S. 23 of Anti-Terrorism Act, 1997 for transfer of the case to the ordinary Court was filed by accused persons (now arrayed as private respondents), which was allowed--S. 365-A PPC is a scheduled offence, therefore, same is triable by Anti Terrorism court--Complainant claimed in his complaint that his son was abducted for ransom, taken to office and then after getting thumb impressions of brothers of the complainant on blank stamp paper, he was released--Statement of said abductee, who is a star witness of the occurrence particularly regarding offence u/S. 365-A PPC is yet to be recorded--If after recording sunstantive evidence including statement of abductees, court comes to the conclusion that any scheduled offence has not been made out, then Anti terrorism court can exercise such powers but not at this stage--Impugned order has been passed by the Judge Anti-Terrorism Court/Trial Court at premature stage, which isnot warranted by law, hence, same is hereby set-aside--Case shall be sent back to the Anti-Terrorism Court for further proceedings in accordance with law--Revision petition stands accepted/allowed. [Pp. 1405, 1406, 1408, 1409 1410] A, B, C, D, E, F 2021 SCMR 136 ref. JUDGMENT Farooq Haider, J.--Through instant criminal revision petition, Muhammad Ramzan (petitioner) has assailed the vires of order dated 16.11.2021 passed by learned Judge Anti-Terrorism Court No. III, Lahore/trial Court whereby “complaint case” filed by present petitioner titled as “Muhammad Ramzan VS Sardar Hafeez, etc.” has been sent to the Court of ordinary jurisdiction while invoking powers under Section 23 of the Anti-Terrorism Act, 1997. 2. Brief/necessary facts are that initially on the application filed by Muhammad Ramzan (present petitioner), case arising out of F.I.R. No. 435/20 dated 10.08.2020 was registered under Sections 337-A(i), 337-L(2), 365, 147, 149, PPC at Police Station Khaddian, District: Kasur; being dissatisfied with the conduct of the police, present petitioner filed “complaint” against Sardar Hafeez, Sardar Basharat,…

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