Case Details

Citation(s)
2010 SLG 2877 = 2010 SLD 2877 = 2010 MLD 296
Peshawar High Court
Writ Petitions Nos.197 and 198 of 2009, decided on 18th November, 2009.
Miftah-ud-Din Khan and Mian Fasih-ul-Mulk, JJ

MUHAMMAD PARWAR KHAN---Petitioner

VERSUS

STATION HOUSE OFFICER, POLICE STATION, SHERWAN and 7 others--Respondents

Law:

Section:

MIAN FASIH-UL-MULK, J.---We propose to dispose of Writ Petitions Nos. 197 and 198 of 2009 as common question of Jaw as to whether sections 6/7/21-L of the AntiTerrorism Act, 1997 and 120B, P.P.C. in the facts and circumstances of cases registered vide F.I.R. Nos.216 and 217, dated 28-7-2008 registered under sections 302/109/34 , P.P.C. at Police Station Sherwan were required to be added or not.   Through the instant writ petitions filed under Article, 199 of the Constitution of Islamic Republic of Pakistan, 1973, petitioners Muhammad Parwar Khan (in Writ Petition No.197 of 2009) and Gulfaraz Khan (in Writ Petition No.198/98) have questioned the impugned order of learned Additional District Judge-IV, Abbottabad, dated 20-4-2009, whereby revision petitions filed against the order, dated 16-2-2009 passed by learned Judicial Magistrate-II, Abbottabad declining the prayer of the petitioners for addition of sections 6/7/21-L of the Anti-Terrorism Act, 1997 and 120 B, P.P.C. in case F.I.R. Nos. 216 and 217, dated 28-2-2008 registered under sections 302/109/34, P.P.C. at Police Station Sherwan, Abbottabad were dismissed.   Briefly stated the facts of the case are that upon report of present petitioners cases were registered vide F.I.R. Nos. 216 and 217, dated 28-7-2008 or the crime under sections 302/109/34, P.P.C. at Police Station Sherwan against unidentified culprits for commission of murders of brother/son of complainants. However, later on through the supplementary statement complainants charged the accused party by name for commission of offence. Later on learned Ilaqa Magistrate was requested through an application that sections 6 and 7/21-L Anti-Terrorism Act with section 120-B, P.P.C. be also added in the case, who rejected the petition on the ground that at present the Court of Magistrate cannot determine as to whether the present offence comes under the definition of Terrorism or not. Revision petition filed against the order, dated 16-22009 was also dismissed by the learned Additional Sessions Judge-IV, Abbottabad vide older, dated 20-4-2009. Hence, the present constitutional petitions.   Learned counsel for the petitioners contended that the…
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