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INAYAT ALI versus THE STATE


Criminal Code of Conduct (CRPC) Section 526 Terrorist Activities (Special Courts) Act (XV of 1975), Section 4 Sanctions (XLV of 1860), Section 307/324/148/149 Case Transfer Case Pending. The magistrate had made no charge of any of the Kalashnikovs or other weapons mentioned in the schedule contained in Act XV of 1975, therefore, neither possibly nor legally could it be directed to go to trial by a special court. By giving this jurisdiction to the special court by which the law was not invested, the High Court had no jurisdiction to order the transfer of the case from the jurisdictional court to the special court, pursuant to section 262626, Cr. The court was not considered by the provisions of The PC transfer request was considered incorrect and accordingly was dismissed

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