MUHAMMAD AKRAM vs MUHAMMAD HALEEM alias HAMAYUN and others

' HAMID ALI MIRZA, J.---This criminal petition for leave to appeal is directed against the order dated 16-1-2002 passed by learned Judge in Chambers of the Lahore High Court, Rawalpindi Bench in Criminal Revision No,73 of 2001 (Muhammad Akram v. Muhammad Haleem) passed by learned Judge in Chambers of the Lahore High Court Rawalpindi Bench, Rawalpindi, whereby the said revision was dismissed.

2. Brief facts of the case are that the petitioner got registered F.I.R. No,99 dated 10-4-2000, under sections 302/364/109, P.P.C. At Police Station Kahuta, District Rawalpindi, regarding the murder and abduction of his son namely Naveed Anjum against the respondents Nos.1 and 2 and charge-sheet in respect of the case was sent by the concerned Magistrate under section 190(3), Cr.P.C. To Sessions Judge, Rawalpindi, who passed on the same for trial to the Additional Sessions Judge, Rawalpindi. On 1-7-2001 Juvenile Justice System Ordinance, 2000 (hereinafter referred to as the Ordinance) came into force, therefore respondent Muhammad Haleem moved an application before the trial Court under section 4(4) of the said Ordinance stating therein that his case would fall under the provisions Of the said Ordinance, therefore, the trial of his case be separated so that he be tried before the Juvenile Court having jurisdiction as he cannot be tried before the ordinary Court of law. Learned trial Court, after holding an enquiry without holding ossification test found that Muhammad Haleem was under eighteen years of age at the time of occurrence, therefore he directed the police to prepare a separate charge-sheet of the said respondent/accused's case for trial before the Juvenile Court. The petitioner Muhammad Akram preferred Criminal Revision No,73 of2001 before the Lahore High Court, Rawalpindi Bench which was heard by learned Judge in Chambers and dismissed as per impugned judgment.

3. We have heard learned counsel for the parties, State counsel and perused the record.

4. After hearing at length, learned counsel for the parties, we, in the interest of justice and legal pleas raised, so as to avoid future complications in the trial of case, remand the case to the learned Sessions Judge/Juvenile Court, Rawalpindi to redetermine the age of respondent Muhammad Haleem son of Muhammad Arbi in terms of section 7 of Juvenile Justice System Ordinance, 2000 after allowing the parties to lead further evidence if it is so desired and hearing them on all legal pleas to be raised and on finding arrived at, the said respondent/accused be tried by competent forum in accordance with law. The petition is disposed of accordingly.