Law:

Section:

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 365-A--Anti-terrorism Act, 1997--S. 19--Constitution of Pakistan, 1973--Art. 199--Constitutional petition--Direction to submit challan u/S. 365-A in Anti-Terrorism Court--Question of--Jurisdiction to direct the police to submit challan under provision of law--Validity--Anti-Terrorism Court has no powered to issue such type of a direction to the police to submit a challan under a certain provision of law--Impugned order passed by Anti-Terrorism Court directing the investigating agency to submit challan u/S. 365-A, PPC is not sustainable in the eyes of law, if so advised, can approach the trial Court of competent jurisdiction for redress of his grievance at the appropriate stage through proper petition as provided under the law--Petition was accepted. PLD 2008 Lah. 63, PLD 2008 Lah. 523, PLD 2007 SC 31 & 2006 SCMR 276, ref. THIS ORDER PASSED BY: KH. MUHAMMAD SHARIF, JUSTICE---.--- This order shall dispose of WP No. 7328/08 (Ch. Khalid Mushtaq vs. Special Judge etc.) calling in question the impugned orders dated 22.2.2008, 29.2.2008 and 7.3.2008 whereby, the learned trial Court (Judge Anti-Terrorism Court-III, Lahore) has directed submission of challan under Section 365-A PPC and WP No. 4820/08 (Ch. Khalid Mushtaq vs. SP (Investigation) whereby quashment of the impugned FIR No. 862/07 dated 26.12.2007, under Section 365-A PPC, PS Faisal Town, Lahore, has been sought. 2. In the first Constitutional petition (WP No. 7328/08), learned counsel for the petitioner contends that the orders passed by the learned trial Court are without lawful authority; that while doing so, the learned trial Judge has assumed the role of an Investigating Agency and that the learned trial Court has no jurisdiction to direct the police to submit challan under a certain provision of law. In this regard learned counsel has placed on record a copy of the order dated 24.10.2007 passed by a learned Division Bench of this Court in WP No. 1078/07 whereby a similar direction of the learned Special Court was brushed aside. Confronted with the above situation, the learned Advocate General Punjab has frankly conceded that the learned trial Court has…

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