Law: Telegraph Act, 1885

Section: 25,25D,13

Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Suppression of Terrorist activities (Special Courts) Act, 1975

Section: 5A,Sched,Part(e)

(a) Telegraph Act (XIII of 1885)- ---- Ss. 25 & 25-D --- Suppression of Terrorist Activities (Special Courts) Act (XV of 1975), 5A & Sched., Part (e) --- Jurisdiction of Special Court --- Obnoxious or threatening telephone calls --- Such telephone calls were covered under S.25-B of 'telegraph Act, 1885, and the provisions of S.25 of Telegraph Act, 1885 was not applicable --- Offence under S.25-D of Telegraph Act, 1885 having not been included in the Schedule of Suppression of Terrorist Activities (Special Courts) Act, 1975, Special Court had no jurisdiction over such act. Tariq Altaf v. District Magistrate, Lahore and 3 others 1994 PCr.LJ 1557 and Muhammad Tahir Abid v. The State and another 1993 PCr.LJ 1211 rel. (b) Criminal Procedure Code (V of 1898)--- S. 497 --- Telegraph Act (XIII of 1885), S.25-13 --- Bail, grant of --- Allegation against the accused was of making obnoxious and threatening telephone calls --­Voice print of the accused was not available with the Telephone Department --­Whether the call was made by the accused or by someone else was a matter of further inquiry --- Offence did not fall within the prohibitory clause of S.497, Cr.P.C.---Grant of bail in such-like case being a rule, bail was allowed. ORDER The petitioner, Safdar I al, is seeking post-arrest bail in case F.I.R. No.313, dated 20-7-1999, registered at Police Station, Banni, District Rawalpindi, for the offence under section 25 of the Telegraph Act, 1885 and section 506, P.P.C. at the instance of complainant, Sh. Aminullah, for an occurrence dated 11-7-1999, in which the petitioner is alleged to have made an obnoxious telephone call from Lahore at the complainant's telephone number at Rawalpindi and is alleged to have made threats to murder all the family members of the complainant. 2. The petitioner was arrested on -24-7-1999. His application for the grant of post-arrest bail has been dismissed by the Additional Sessions Judge, with the powers of Special Court, constituted under the Suppression of Terrorist Activities (Special Courts) Act (XV of 1975). Investigation is complete in which the petitioner has been found guilty and the challan papers have also been completed…

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