IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

                                Criminal Revision Appln No.D-01 of 2019

Before:

     Mr.Justice Khadim Hussain M.Shaikh

                                                                  Mr.Justice Irshad Ali Shah

Applicant/State     :      Through Mr.Muhammad Noonari, D.P.G

Date of hearing      :           22.04.2020

Date of decision    :           22.04.2020.

O R D E R

Irshad Ali Shah J;- Facts in brief necessary for disposal of instant Criminal Revision Application are that PC Muhammad Ayoob Shambhani while on his duty was killed and his official Rifle was taken away by unknown culprits, for that an FIR Crime No.01/2015, under section 396, 395, 353, 324 PPC r/w 6/7 ATA was registered with R.D-44, Jacobabad. On due investigation, such case was challaned by the police before learned Special Judge, Anti-Terrorism Court, Shikarpur. On application moved by accused Mehboob Ali, learned Special Judge Anti-Terrorism, Shikarpur, by resorting to provisions of Section 23 of the Anti-Terrorism Act, 1997, vide his order dated 13.02.2016, transferred the above said case together with offshoot cases to learned Sessions Judge, Jacobabad, for disposal in accordance with law. Subsequently, learned Sessions Judge, Jacobabad, assigned the said case(s) for disposal in accordance with law to learned 1^st Additional Sessions Judge, Jacobabad, who by doubting the jurisdiction of ordinary Court, wrote a letter to learned Sessions Judge, Jacobabad, for making a reference with High Court of Sindh for transfer of above case together with offshoot cases to Court of Special Judge, Anti-Terrorism, Shikarpur. Such reference was forwarded by learned Sessions Judge, Jacobabad,  but was returned by the High Court under Letter No.MIT-II/-3843, dated 19.06.2017 to learned Sessions Judge, Jacobabad, to be disposed of by him. It was disposed of accordingly by learned Sessions Judge, Jacobabad vide his order dated 22.11.2017, by making a conclusion that powers to re-examine the case would amount to review the order of Special Judge, Anti-Terrorism Court, Shikarpur, which is not permissible, such order is impugned by the State/applicant before this Court by way of instant Crl.Revision Application.

                        We have heard learned D.P.G for the State and perused the record.

                        The FIR of the incident is blind one. The order dated 13.02.2016, which is passed by learned Special Judge, Anti-Terrorism Court, Shikarpur, under section 23 of the Anti-Terrorism Act, 1997 for transfer of the case to the Court of Ordinary Jurisdiction has not been challenged by anyone before any authority. No illegality is pointed by learned D.P.G for the State in the impugned order, passed by learned Sessions Judge, Jacobabad, by making disposal of reference of learned 1^st Additional Sessions Judge, Jacobabad, which may justify this Court to make interference with it, by way of instant Crl.Revision Application, it is dismissed accordingly, same even otherwise is also hit by latches for unexplained and unplausible delay of more than one year in its filing.

J U D G E

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