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MIAN BUX vs State Ss — 2022 YLRN 38 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 38 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
MIAN BUX vs State Ss
Subject matter
Criminal
Provisions referred to
S. 17; 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

MIAN BUX VS State Ss. 17 & 24---Penal Code (XLV of 1860), Ss. 302, 324 & 34---Constitution of Pakistan, Art. 203-G---Qatl-i-amd, attempt to commit qatl-i-amd, common intention, haraabah---Appeal to Federal Shariat Court---Bar to jurisdiction of High Court---Scope---Accused persons were alleged to have robbed and thereafter, upon being chased, committed murder---First Information Report was registered, inter alia, for offence under S.17(3) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979, so also the charge was framed for the offences punishable under Ss.302, 324 & 34, P.P.C.---Accused were tried for the offences and were sentenced accordingly---Article 203-G of the Constitution provided a specific bar in respect of any matter falling within the power or jurisdiction of Federal Shariat Court against all the courts including Supreme Court and High Court---Appeals filed before High Court were incompetent and without jurisdiction---Appeals were directed to be transmitted to the Federal Shariat Court for disposal according to law.

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