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MOHABAT KHAN versus STATE


Transfer of Sections 302/201/34 Anti-Terrorism Act (XXVII of 1997), Sections 12, 19 and 23 of the Criminal Procedure Code (V9 1898), Section 190 (2) Constitution of Pakistan (1973), Article 199 Constitution Petition Qatl i amd Application for Anti-Terrorism Court There is no provision of law justifying the dismissal of the trial application * Under this, the Additional Sessions Judge was not authorized to declare any ordinary offense as a scheduled offense nor provided such law as criminal. The Code of Conduct, existing in 1898, nor the general court had the power to pass judgment or pass the case / trial to Anti Terrorism Court Section 190 (2), CRPC Provided procedures and procedures for confessing common crimes, while cases under Scheduled Crime were organized by the provisions of Sections 12, 19 and 23 of the Anti-Terrorism Act, 1997, being a special law. The conspiracy, in its wisdom, rejected it, allowing the Anti-Terrorism Court to determine whether a crime was scheduled. In the case of ordinary offenses, the Anti-Terrorism Court was empowered to move to a regular court under section 23 of the Anti-Terrorism Act, 1997, nor was the Additional Sessions Judge entertaining such application nor Legally authorized to make a decision. On such a case, the trial court properly rejected the petitioner's request

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