Case Details

Citation(s)
2013 SLG 562 2013 SLD 562 2013 PCRLJ 882
Sindh High Court
Criminal Revision Application No. S-41 of 2012, decided on 4th January, 2013. DATE of hearing: 16th October, 2012
NADEEM AKHTAR, J
Abdul Qadir Shaikh for Applicant. Zulifqar Ali Jatoi, D.P.G. for the State

IMDAD HUSSAIN TUNIO

VS

The STATE

Law: Constitution of Pakistan, 1973

Section: 203-DD,203-G,203-F

Law: Criminal Procedure Code (V of 1898)

Section: 435,439

(a) Constitution of Pakistan--- ----Arts. 203-DD & 203-G---Criminal Procedure Code (V of 1898), Ss.435 & 439---Revisional jurisdiction of Federal Shariat Court---Scope---Revision application filed before High Court against an order passed under a law relating to enforcement of Hudood---Maintainability---All decisions and orders made by a criminal court under any law relating to enforcement of Hudood in respect of matters in controversy affecting rights of parties were revisable by the Federal Shariat Court under Art.203-DD of the Constitution, and not by the High Court under Ss.435 & 439, Cr.P.C. Haji Allah Ditto v. Ishtiaque Ahmed Soomro and 10 others 1999 PCr.LJ 1996; Malook Hussain alias Maluka and 2 others v. Muhammad Nawaz and 2 others 1993 PCr.LJ 1955; Sardarullah v. The State 1998 PCr.LJ 2001 and Jaffar Khan and another v. The State 1985 PCr.LJ 2611 rel. (b) Constitution of Pakistan--- ----Arts. 203-G & 203-F---Jurisdiction of High Court and Supreme Court to interfere in matters falling within jurisdiction of Federal Shariat Court---Scope---Article 203-G of the Constitution made it clear that the High Court and Supreme Court would not have jurisdiction in respect of any matter which fell within the power or jurisdiction of the Federal Shariat Court, except the right of appeal as provided to the Supreme Court under Art.203-F of the Constitution. ORDER NADEEM AKHTAR, J.---This criminal revision application has been filed by the applicant under sections 435 and 439 read with section 561-A, Cr.P.C., challenging the order dated 12-6-2012 passed in Criminal Miscellaneous Application in S.C. No.62 of 2012 by the Additional Sessions Judge (Hudood), Sukkur. By the impugned order, the application filed by the applicant under section 265-K, Cr.P.C. was dismissed. 2. This case pertains to the incident relating to a building known as Sajjad Apartment Building, Hussaini Road, Sukkur, which collapsed on 24-12-2008 causing death of several people and also injuries to a number of people. Mr. Abdul Qadir Shaikh, the learned counsel for the applicant submitted that the applicant has been implicated in this case on the false allegation that he had issued a…
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