JAHANGIR KHAN vs KHALID LATIF Ss — 2021 SCMR 136 SUPREME-COURT

Case information

Citation: 2021 SCMR 136 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: SCMR
Parties: JAHANGIR KHAN vs KHALID LATIF Ss
Subject matter: Criminal
Provisions referred to: S. 365-A---K; Penal Code (XLV of 1860)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

JAHANGIR KHAN VS KHALID LATIF Ss. 6(2)(e) & 23---Penal Code (XLV of 1860), S. 365-A---Kidnapping or abduction for ransom---Transfer of case from court of ordinary jurisdiction to Anti-Terrorism Court on the orders of the High Court---Legality---Allegation against accused and co-accused persons was that they disguised in police uniforms ostensibly arrested and handcuffed the respondent, where after they attempted to transfer the respondent and his wife to another city by kidnapping them; they also snatched valuables including cash and gold ornaments from the respondent and his wife, and when a contingent of Highway Patrolling Police was attracted to the scene and rescued the family, the accused managed to escape with the loot---High Court by transferring the case to an Anti-Terrorism Court had discreetly attended the controversy leaving the fate of the case to be finally decided after recording statements of the prosecution witnesses, which course was correct in the face of accusations leveled by the respondent and his wife who allegedly endured the ordeal, with an option to the accused to re-agitate the issue afresh on the basis thereof before the Anti-Terrorism Court, if need be---View taken by the High Court did not suffer from any jurisdictional error or flaw and, thus, called for no interference---Petition for leave to appeal was dismissed and leave was refused.

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