2018 YLRN 11

State Versus ASADULLAH

Citation2018 YLRN 11

CourtGilgit-Baltistan Chief Court

Judge(s)Muhammad Alam and Malik Haq Nawaz

ORDER

MALIK HAQ NAWAZ, J.--- The instant criminal revision petition under section 439, Cr.P.C. read with section 526 Cr.P.C. has been filed by the learned Deputy Advocate General against the order dated 17-04-2013, passed by learned trial Judge Anti-Terrorism Court No. II, Gilgit.

2. The respondent Asadullah son of Muhammad Ayoub was arrested by a police party being headed by SIP Zahoor Ahmed of Police Station City Gilgit. It is mentioned in the FIR No. 75/2012 that the accused Asadullah was arrested by the local police with a 30 bore pistol and the instant FIR was registered. The learned trial Court transferred the instant case from Anti Terrorism Court to the Court of learned Judicial Magistrate Gilgit. Feeling aggrieved from the order of the learned Deputy Advocate General filed the instant criminal revision contending that the pistol so recovered was used in commission of the offences pertaining to FIR No. 112/2012, 41/2012 and 257/2011 of Police Station City Gilgit.

3. We are afraid that such a vague contention of the learned Deputy Advocate General is not sustainable in the eyes of law as the pistol has not been recovered on the pointation of the respondent during investigation of particular case as a weapon of offence. Furthermore the FIR No. 75/2012 has been registered under section 13-A.O. of P.P.C. and not under any provision of ATA-1997. Furthermore the criminal revision petition has been filed after two and half years which is hopelessly time barred.

4. We see no substance in the above criminal revision which we dismissed accordingly.

JK/162/GB Revision dismissed.