ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.

Cr. Misc. Appln. No: D- 293 of 2011.

Date Order with signature of judge.

For Katcha Peshi.

08.06.2012.

Mr. Habibullah G. Ghouri, advocate for the applicant.

Mr. Ali Raza Pathan, State Counsel.

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This criminal miscellaneous application, the applicant has impugned order dated 09.12.2011 passed by Special Judge, Antiterrorism Court, Larkana whereby he returned the FIR No.346 of 2011 of P.S Kamber to the concerned SHO for submitting the same before the concerned Court having jurisdiction.

At the very outset, learned counsel for the applicant has contended that the impugned order has been passed in haste, mechanical manner and without considering the provisions of section 6 and 7 of Antiterrorism Court. Per learned counsel, from the contents of FIR it appears that the offence, for which the case was registered, falls within the ambit of terrorism as such the ordinary Court has no jurisdiction to try the same. In support of his contention, learned counsel for the applicant has referred to section 6 and 7 of ATA 1997.

Conversely Mr. Ali Raza Pathan, learned State Counsel questioned the very maintainability of this criminal miscellaneous application on the ground that after investigation challan has been submitted before the concerned court and the accused are facing trial.

Heard. Perusal of impugned order would reflect that the same has been passed after taking into consideration the contents of FIR, whereby admittedly none from the complainant party or public received even a scratch. Besides, the challan has been submitted before the ordinary Court and till date neither the complainant nor any one else has challenged the jurisdiction of ordinary Court. In the circumstances, criminal miscellaneous application being devoid of merits needs no consideration which is accordingly dismissed.

JUDGE