Law:

Section:

(a) Suppression of Terrorist Activities Act (XV of 1975)--S.5---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider whether in view of the special provision contained in S. 5, Suppression of Terrorist Activities Act, 1975 laying down the conditions for taking cognizance in a case by a Special Court, a private complaint could be entertained, after a challan was already filed in respect of the case by the Police before the Court mentioning the names of all the accused persons, though some of them were shown in Column No.2 of the Challan. (b) Criminal Procedure Code (V of 1898)-- ----Part V, Chap. XIV [Ss. 154 to 1761---Taking cognizance of criminal case by Court---Procedure detailed. (c) Suppression of Terrorist Activities Act (XV of 1975)--- ----Ss.5 & 5-A---Criminal Procedure Code (V of 1898), Ss.173, 190 & 193--­'Direct cognizance of a case or entertaining a private complaint by Special Court---Procedure---Special Court can take cognizance of a case directly as a Court of original jurisdiction in the same manner as a Magistrate is empowered to take cognizance of a case under 5.190, Cr.P.C.---Procedure prescribed under Criminal Procedure Code, 1898 for entertaining private, complaint or taking direct cognizance of a case by the Magistrate in so far as it is not inconsistent with the provisions of Ss.5 & 5-A', Suppression of Terrorist Activities Act, 1975, was not excluded in its application to proceedings before the Special Court---Special Court, therefore, was competent to entertain private complaint and issue process to the accused person after holding preliminary inquiry in the case---Subsequent filing of the Police Report under 5.173, Cr.P.C. by the Incharge of police station long after filing of the private complaint before the Special Court by the complainant could not divest the Special Court of its jurisdiction under S.5(3) of the Act to take direct cognizance of the case. Section 5(1) of the Suppression of Terrorist Activities Act, 1975 provides that the officer incharge of the police station, on completion o: investigation, shall forward its report under section 173 of Cr.P.C. to the Special Court within…

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