Citation Name: 2023 PCrLJN 40 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ASIF KHAN vs ANTI-TERRORISM COUR

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Citation Name: 2023 PCrLJN 40 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ASIF KHAN VS ANTI-TERRORISM COURT, DERA ALLAH YAR Ss. 365-a & 34---anti-Terrorism act (XXVII of 1997), Ss. 7 & 23---Kidnapping or abducting for extorting property, valuable securities, common intention, act of terrorism---application for sending the case from anti-Terrorism Court to regular court was dismissed---Validity---accused was charged that he and others armed with rocket launchers came in the house of the complainant and forcibly abducted his brother and nephew for ransom amount of Rs. 2,000,000---Record showed that during the course of investigation the abductees were recovered and their statements were recorded under S. 161, Cr.P.C., before the police and under S. 164, Cr.P.C., before the Judicial Magistrate, who also stated in their statements that the accused abducted them for ransom---Bare reading of the FIR in the present case revealed that complainant duly reported the alleged forcible abduction of his brother and nephew---Purpose of lodging the FIR was merely to ignite the process of law---During the course of investigation after recording the statements of alleged abductees, the prosecution built up its case that the accused and co-accused had been claiming ransom from the abductee---alleged offence, therefore, prima facie, attracted the provision of S. 2(n) of the anti-Terrorism act, 1997 which was exclusively triable by the anti-Terrorism Court as provided in the Third Schedule of the said act---Tentative assessment of the record showed that the anti-Terrorism Court had rightly assumed the jurisdiction and framed charge against petitioner---Petition for transfer of case from anti-Terrorism Court was dismissed in limine. Citation Name: 2023 PCrLJN 40 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ASIF KHAN VS ANTI-TERRORISM COURT, DERA ALLAH YAR S. 6 & Third Sched. Entry No.4---anti-Terrorism Court, jurisdiction of---Determination---To determine as to whether a particular case is triable by anti-Terrorism Court or a court of ordinary jurisdiction, the court had to tentatively examine the record comprising of FIR, investigation report and final report submitted under S. 173, Cr.P.C.

Citation Name: 2023 PCrLJN 40 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ASIF KHAN vs ANTI-TERRORISM COURT, DERA ALLAH YAR Ss — 2023 PCrLJN 40 QUETTA-HIGH-COURT-BALOCHISTAN

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Judgment text as reported