ALI NAWAZ vs State Ss — 2024 PCrLJ 658 LAHORE-HIGH-COURT-LAHORE

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ALI NAWAZ VS State Ss. 19(3), 23, 32, Third Sched., Entry No.4, Serial No. (iii)---Criminal Procedure Code (V of 1898), Ss. 497, 526, 528---Penal Code (XLV of 1860), Ss. 324, 109, 148 & 149---Pakistan Arms Ordinance (XX of 1965), S. 13(2a)---Firing in Court premises---Post-arrest bail---Jurisdiction---Transfer of case from a Court of ordinary jurisdiction to Anti-Terrorism Court---Scope---During proceedings of the case, it was observed that place of occurrence in the present case was a court premises and injury had been caused by firing---Entry-4 of the Third Schedule of the Anti-Terrorism Act, 1997 clearly indicated that offences mentioned thereunder were exclusively triable by the Anti-Terrorism Court---Under said entry at Serial No. iii, offence of firing in the court premises was mentioned, therefore, despite the offence being result of personal vendetta where offence of terrorism was not attracted, it shall be triable by the Anti-Terrorism Court---Challan of present case had been put before the Court of Magistrate who though did not have jurisdiction but commenced the trial and entertained the bail petition as well---Counsel for the accused-petitioner submitted that he would not press the petition provided the case be transferred to Anti-Terrorism Court, so that he could move the bail petition before such Court---Though by virtue of S. 32 of Anti-Terrorism Act, 1997, an Anti-Terrorism Court is deemed to be a Court of Sessions but as the case was entrusted to the Magistrate by the Sessions Judge under S. 17 of Cr.P.C. and was also empowered to withdraw a case from the Court of Magistrate under S. 528 of Cr.P.C, therefore, Magistrate shall stay the proceedings and will submit case, with a brief report explaining its nature, to the Sessions Judge for onward transmission to the Anti-terrorism Court for its opinion---An Anti-Terrorism Court for that purpose was deemed as Magistrate authorized under S. 190, Cr.P.C. which gave powers to take cognizance of an offence on police report, private complaint and upon his own information---On taking cognizance by the Anti-Terrorism Court, it could decide the jurisdiction either to assume it under S. 19(3) of Anti-Terrorism Act, 1997, or take action under S. 23 of the said Act for transfer of case back to Court of ordinary jurisdiction and thereafter concerned Court of Magistrate could recommence the trial from the stage it was stayed under S. 346, Cr.P.C.---Course for transfer of case under S. 526, Cr.P.C. was also available, if the case was being tried by a Magistrate or Court of Session---High Court under S. 526(3), Cr.P.C. is empowered to transfer the case from Court of ordinary jurisdiction to Anti-Terrorism Court---Criminal miscellaneous petition was allowed and case was transferred to the Court of Anti-Terrorism Court---Accused could move bail petition before the Anti-terrorism Court---Bail application was disposed of accordingly.

ALI NAWAZ vs State Ss — 2024 PCrLJ 658 LAHORE-HIGH-COURT-LAHORE

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