2009 PLP 876 (MLD)
MUHAMMAD TAHIR KHAN — Applicant Versus THE STATE — Respondent
| Citation | 2009 PLP 876 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | MUHAMMAD TAHIR KHAN — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2009 PLP 876 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2009 PLP 876 (MLD)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 876 (MLD) (MUHAMMAD TAHIR KHAN — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S.561-A
Penal Code (XLV of 1860), Ss.365-A, 392, 393 & 395/34
Application for
Accused was booked in F.I.R. under S.392/34, P.P.C. and Police had registered the case under Ss.365-A, 395 & 393, P.P.C.
Police, after investigating the case, found it false and had submitted their report in the court of Judicial Magistrate, who had taken its cognizance and had issued non-bailable warrants against accused persons and sent the case to the Sessions Court concerned
Offence under S.365-A, P.P.C. was a Scheduled offence and was exclusively triable by the Anti-Terrorism Court; its challan or report was required to 'be submitted before the Administrative Judge/ Anti-Terrorism Court, who was always a sitting High Court Judge
Administrative Judge registered the case and then transferred the same to the Anti-Terrorism Court for disposal according to law
Impugned order of the Judicial Magistrate was without jurisdiction and was set aside
Investigating Officer was directed to withdraw the papers from the Court of Judicial Magistrate/Sessions Judge and submit the same before Administrative Judge Anti-Terrorism Court for disposal according to law.
Judgment & Decree
KH. NAVEED AHMED, J.
This Criminal Miscellaneous application for quashment has been filed by applicant Muhammad Tahir Khan, Sub-Inspector Police. The brief facts of the prosecution case are that complainant Muhammad Ashraf son of Muhammad Ismail had lodged F.I.R. No.182 of 2007 on the basis of statement recorded under section 154, Cr.P.C. on 24-9-2007 at 2130 hours at Police Station Steel Town Karachi. The complainant had stated that he is living at A/1560, Gulshan-e-Hadeed, Karachi and is doing construction work. The complainant has stated that on 28-6-2007 a police mobile and private car came at his house at 11-30 a.m. They were 12/13 persons in plain clothes. They entered into the house and searched it. During search they took an amount of Rs.20,000 and has forcibly taken complainant's cousin with them. Finally he was found in CID Centre Bhoot Bungalow, Room No.29. He has stated that police had demanded a sum of Rs.5,00,000 to release him. It is stated that his cousin was finally booked in case F.I.R. No.106 of 2007 under sections 392/34, P.P.C. by Police Station Saeedabad. Police had registered the case under sections 365-A, 395, 393, P.P.C. The police has investigated the case and found it false and had submitted their report in the Court of Judicial Magistrate, who has taken the cognizance and had issued non-bailable warrants against the accused persons and had sent the case to the Sessions Court Malir for trial. I have heard Mr. Aamir Mansoob Qureshi, learned counsel for the applicant and have perused the record. No one was present on behalf of the State. Offence under section 365-A is a Scheduled Offence and is exclusively triable by the Anti-Terrorism Court (ATC). Its challan or report is required to be submitted before the learned Administrative Judge/ATC who is always a sitting High Court Judge. The learned Administrative Judge registers the case and then transfers the same to any ATC Judge for disposal according to law. In case of A, B or C Class reports the learned Administrative Judge passes the appropriate orders. In view of the above legal position, the impugned order of the Judicial Magistrate, dated 22-11-2007 is without jurisdiction and is set aside. The Investigating Officer is directed to withdraw the papers from the Court of Judicial Magistrate/Sessions Judge and submit the same before the Administrative Judge ATC for disposal according to law. Criminal Miscellaneous Application No.26 of 2008 is allowed in the above terms. H.B.T./M-55/K Application allowed.