Law:

Section:

(a) Criminal trial--- ----Cognizance by Court---Principle---Courts dealing with criminal cases usually take cognizance of offence on the basis of contents of F.I.R. and on tentative assessment of material available on record---Deeper appreciation of evidence or detail inquiry is not required and for such purpose pleas raised in defence are not relevant. (b) Anti-Terrorism Act (XXVII of 1997)--- ----S. 23---Cognizance by Court---Principle---F.I.R. against accused persons was registered on the allegation of abduction for ransom---Anti-Terrorism Court returned the challan for presentation of the same before competent forum---Validity---Material available on record showed that a prima facie case triable by Special Court was made out---On the basis of any material. that might have come on record through evidence of either prosecution or defence if the court would form any opinion that offence was not scheduled offence and was triable by ordinary court dealing with criminal cases, it might transfer the case to such court in exercise of powers under S.23 of Anti-Terrorism Act, 1997---High Court in exercise of revisional jurisdiction, set aside the order passed by Anti-Terrorism Court---Revision was allowed in circumstances. JUDGMENT NADEEM AZHAR SIDDIQI, J.---Through this Criminal Revision Application the applicant, Raza Khan, seeks to assail the order dated 2nd June, 2007 passed by Administrative Judge, Special Court Anti-Terrorism, Karachi Division in Crime No.1/2004 of P.S. Sachal, Karachi, whereby the learned Administration Judge ordered the Challan to be delivered to competent officer for presentation before the competent forum for adjudication in accordance with law. 2. Facts of the case essential for deciding this Criminal Revision, in chronological order, are that the applicant, on 7th January, 2004, filed an application under section 22-A read with section 100, Cr.P.C. before learned Sessions Judge, Malir stating therein that his real brother, Gul Farooq son of Muhammad Khan, has been kidnapped/arrested by the officials of the Investigation Cell of Police Station Sachal, Malir on 20-12-2003 at mid night from his home and since then he is under illegal custody…

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