ATC Samples



APPLICATION U/S 23 OF ATA ACT 1997 SAMPLE


IN THE COURT SPECIAL JUDGE FOR A.T.A KASHMORE @ KANDHKOT

CRL: M.A No: ________ Of 2018

In Special Case No. 55 of 2017

State 

V / S

  Adam & Others

                                                                        U/S 324,353,337 H2,147,148,149, 225B PPC
                                                                        r/w Sec 6 and 7 ATA Act 1997
                                                                        Cr.No.39/2017,
                                                                        P. S Tangwani

   APPLICATION U/S. 23 of ATA ACT 1997

It is prayed on behalf of the above named applicants/ accused persons that this Honorable Court may graciously be pleased to withdraw the above captioned special Case from the file of this Honorable Court and further may be pleased to transfer the same to the ordinary court of Law having jurisdiction  on the consideration of following facts and grounds:-

F A C T S

                        The brief facts of the FIR lodged by Inspector/ SHO  Abdul Hafeez Chachar  on behalf of the state with PS Tangwani on 21-10-2017 at 2100 hours stating there in that On the same day he was present at PS and received spy information that wanted accused/ proclaimed offenders in Cr No:50/2015 PS Tangwani offences U/S 324 PPC,  ,55/2013 Ps Tangwani offences U/S 302 PPC and, 46/2016 PS Dera Sarki offences U/S 506/2,337 A1, 337F1 PPC are present at their houses. After receiving  such information , Complainant left PS vide Entry No:31 dated 21-10-2017 at 0730 hours in  Government vehicles bearing registration numbers SPC 364 and SPC 202 of DSP Tangwani driven by PC Abdul lateef and PC Doran Bajkani respectively along with his subordinate staff everyone HCs Meer Hassan, Hamal khan PCs Rasool Bux, Qurban Ali, Mashooq Ali, Sadam Hussain, Israr Ahmed, Azizullah, Abdul Rasheed, for to arrest proclaimed offenders wanted in above mentioned crime Nos. it is alleged that when  police party reached near the houses of wanted accused Amanullah and Mor Khan Gadehi where after seeing police party accused amanullah and Mor khan started running but police incircled them and apprehended  them in presence of Masheers everyone HCs Meer Hassan and Hamal khan and also took their personal search. Meanwhile accused everyone 1 Gul Hassan S/O Dost , 2 Mir Ahmed S/O Papoo, both duly armed with  with K.Ks,     3 Abdul Rahman , 4 Fanto, 5 Qaloo all sons of Papoo, 6 Azeem S/O Dost, 7 Jahangir S/o Shahnawaz, 8 Muhammad Nawaz s/O Muhammad Sallah, 9  Gulzar S/O Noor Hassan, 10 Hazaro @ Hazar Khan S/O hayat , 11  Abdul Kareem s/O Sabir Super, 12 Nazeer s/O Dhani Bux, 13  Abdul Rehman S/O Haider, 14 Abdullah S/O Balch, 15 lalo S/O Noor Hassan, 16 Farooq S/O Sabir @ super, 17 Naseer s/O Hayat, 18 Adam S/o Parial, 19 Usman S/O Yaroo, 20  Abdullah S/O Gul Muhammad, 21 Muhammad S/O Shah Murad, 22 Imam Bux, 23 Abdullah both sons of Balach, and 5 unidentified accused persons  with open faces, complainant party can  identify them if recognize them again  all duly armed with lathies all by caste gadehi R/o village Dhani Bux Gadehi arrived there. Soonafter their arrival they deterred police party from discharging their lawful duties and KKs bearer accused persons fired in the air just to create harassment while   accused Abdul Rahman caused lathi blow at the head of PC Rasool Bux with intention to commit his murder blood was oozing, accused Muhammad Nawaz caused lathi blow to PC Rasool Bux on his back side, accused Abdul Kareem caused lathi blow to PC Rasool Bux on his left leg, accused Nazeer caused lathi blow to PC Masooq Ali on his right shoulder, accused Laloo caused lathi blow to PC Mashooq Ali on the dorsum of  left hand, and remaining accused also caused kicks and fist blows to police personanls  and also got released the arrested accused More Khan and Amanullah from the physical custody of police it was about 830 am. Finaly accused persons   made aerial firing just to create harassment and fled away. Then Complainant brought injured police constable at Govt Hospital Tangwani where WHC was called from police station who prepared a letter for treatment and certificate addressed to MO of RHC Tangwani. After providing necessary treatment to the police personals Complainant himself went to  PS and where he lodged the FIR stated above on behalf of the state.

   APPLICATION U/S. 23 of ATA ACT 1997

                        Initially FIR was addressed to the court of Magistrate  but police during the track of investigation introduced section 6 and 7 ATA Act 1997 and submitted report U/S 173 Cr.P.C before this Honorable Court, hence this application. 

                                                         G RO U N D S

1. That it is the simple case of a police encounter in which some minor injuries has been received by some Police personals therefore no any sense of insecurity or fear among the local people was created and under these circumstances this Honorable Court has got no jurisdiction to try the instant case. 


2. That F.I.R. on very face of it seems to be a fictitious, unbelievable and absurd and just to show their efficiency present FIR was lodged by the complainant and the same was addressed to the Normal Court. 


3. That from the bare reading of FIR and other material collected by Police no such schedule offences has been committed by the accused persons, therefore this Honorable Court has got no jurisdiction to try the same.


4. That the question of jurisdiction is to be determined on the basis of FIR and other material and as per allegation accused persons faced resistance and allegedly caused minor injuries to Police personnel and no allegation of firing upon police party is alleged against accused persons. No previous acquaintance existed between the accused persons and police party then how police party named accused persons, therefore it is the simple case of an encounter and no evidence was brought forward to satisfy the requirements of S. 6 and 7 of ATA Act 1997.

   APPLICATION U/S. 23 of ATA ACT 1997

5. That from the bare reading of FIR neither insecurity in the minds of people of vicinity and panic was created nor any lethal weapons were used by the accused persons.


6. That there are no reasonable grounds for believing that present applicants have committed the schedule offence. 


7. That applicant crave leave of this Honourable Court to urge and plead further facts and grounds at the time of hearing of this application.


8. That it would be in the interest of justice to allow this revision petition. 


KANDHKOT.                      ( x y z )

DATED. 00-00-0000            Advocate for the petitioners

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