Case Details

Citation(s)
2001 SLG 1573 2001 SLD 1573 2001 SCMR 1742
Supreme Court of Pakistan
Criminal Petition No.44-K of 2000, decision dated: 21st August, 2000
SYED DEEDAR HUSSAIN SHAH AND HAMID ALI MIRZA, JJ
Mir Muhammad Sheikh, Advocate Supreme Court and A.A. Siddiqui, Advocate-on-Record for Petitioner. Gul Zaman Khan, Advocate Supreme Court for
Respondents. Suleman Habibullah, Advocate Supreme Court for Additional Advocate General for the State

MUHAMMAD YOUSUF BUSAL

VS

JAMIL AKHTAR KIYANI and others

Law:

Section:

Penal Code (XLV of 1860) Ss.342/365A/506B/149/385/395/109Suppression of Terrorist Activities (Special Courts) Act (XV of 1975), S.4Constitution of Pakistan (1973), Art. 185(3)Transfer of case to Special CourtOffence according to the F.I.R. and the deposition of the complainant would, ex facie, fall under S. 365A, P.P.C. which was triable by the Special Court established under the Suppression of Terrorist Activities (Special Courts) Act, 1975Trial Court as well as the High Court had not considered the submission of the complainant in its proper perspectivePetition for leave to appeal was consequently converted into an appeal and allowed and the case was transferred from the Sessions Court to the Special Court for disposal according to law. Allah Din v. The State 1994 SCMR 717 and Mst. Neelam Mawaz v. The State PLD 1991 SC 640 ref. ORDER SYED DEEDAR HUSSAIN SHAH, J. -----Petitioner seeks leave to appeal against the order of the High Court of Sindh dated 13-7-2000 whereby Criminal Revision Application No. 68 of 2000 filed by him challenging the order of the Additional Sessions Judge-IX, South, Karachi dismissing application of the complaint for the case to the S.T.A. Court was dismissed. 2. Facts of the case are that on a complaint of Mst. Nasreen, an F.I.R. No. 157 of -1999 was registered for an offence punishable under sections 395/ 342/506B, P.P.C. by Police Station Darakshan and after. 6nalization of the investigation the police submitted a chargesheet under sections 395/342/ 506B, P.P.C. The trial Court after considering the material placed before it, framed charge under sections 3421506B/149/385/395 and 109, P.P.C. and examined prosecution witness complainant Mst. Nasreen Yousuf wife of Muhammad Yousuf. After conclusion of the evidence of the complainant, counsel for the complainant submitted an application that provisions of section 365A has been attracted, therefore, case may be sent to S.T.A. Court. 3. We have heard Mr. Mir Muhammad Sheikh, learned counsel for the complainant, who referred to the relevant portion of the F.I.R. which reads as follows: "On 37-1999 early in the morning while I was confined in the bed room (in one room of their house) my…
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