2014 PLP 484 (MLD)

MUHAMMAD AZAM KHAN, C.J.

The captioned appeal has been filed against the judgment of the Shariat Court dated 23rd February, 2009, whereby Criminal Revision Petition No.24 of 2008 from an order passed by Tehsil Criminal Court Kotli on 27th February, 2008, has been dismissed.

2. Necessary facts for the disposal of instant appeal are that a case under sections 324, 337-F APC was registered at Police Station Kotli on 25th March, 2007 on a report made by respondent No.1 against the accused-appellant. After necessary investigation, the police submitted report under section 173, Cr.P.C. in Tehsil Criminal Court Kotli declaring the accused-appellant innocent. The trial Court disagreed with the police investigation and summoned the accused-appellant. Feeling aggrieved, he filed a revision petition in the Shariat Court. A learned single Judge in the Shariat Court dismissed the revision petition being incompetent.

3. Mr. Muhammad Reaz Alam, the learned counsel for the appellant, argued that the judgment of the Shariat Court is not maintainable. The judgment passed by the Tehsil Criminal Court can be assailed through revision before the Shariat Court under section 25 of AJ&K Islamic Penal Laws (Enforcement) Act, 1974. The learned Judge in the Shariat Court has applied incorrect law while declaring that the revision petition against the order of Tehsil Criminal Court is not competent.

4. Raja Ghazanfar Ali Khan, the learned Advocate-General, accepted the position that the Shariat Court has not applied correct law.

5. While controverting the arguments Mr. Muhammad Ayub Sabir, the learned counsel for respondent No.1, argued that the judgment of the Shariat Court is perfectly legal. The order passed by the trial Court was not revisable by the Shariat Court. He requested for dismissal of appeal.

6. We have heard the learned counsel for the parties and perused the record. The case was registered under sections 324 and 337-F, A.P.C. These offences are triable by Tehsil Criminal Court. After investigation, the police found the appellant innocent and submitted report under section 173, Cr.P.C. in Tehsil Criminal Court Kotli for discharge of accused from the alleged offence. The Tehsil Criminal Court disagreed with the investigation and ordered for summoning the accused-appellant herein. This order was challenged by the appellant by way of revision petition in the Shariat Court. Section 25 of the AJ&K Islamic Penal Laws (Enforcement) Act, 1974 deals with the appeals, revisions and transfer of cases. Subsection (2) of section 25 of the said Act is relevant for the purpose and it will be useful to reproduce the same:-- A perusal of aforesaid provision of law shows that any interim order or judgment of Tehsil Criminal Court can be challenged by way of a revision petition in the Shariat Court. The order passed by the Tehsil Criminal Court was an interim order and under the aforesaid provision of law it was revisable by the Shariat Court. The learned single Judge in the Shariat Court failed to apply correct law.

7. The result of above discussion is that we accept the appeal, set aside the judgment passed by the Shariat Court on 23rd February, 2009 and remand the case to the Shariat Court for decision on merits. HBT/75/SC(AJ&K) Case remanded.