' MUHAMMAD JEHANGIR ARSHAD, J.---The petitioner who is a complainant in case F.I.R. No,350/03 dated 30-12-2003 under Section 377 P.P.C. Read with Section 12 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979 registered with police station Gaggo District Vehari is aggrieved of the order passed by Additional Session Judge, Burewala, whereby application moved by him for re- summoning of the witnesses was turned down by the learned Additional Sessions Judge on 5-10- 2005. On 12-10-2005 when this petition came up for hearing pre-admission notice to respondents Nos.2 to 5 were ordered to be issued and it was directed that Mr. Abdul Razzak Solehria Advocate, Burewala shall also appear in person to explain the position. It was further directed that D.D.A. Who appeared before Mr. Muhammad Ashraf Gill, Additional Sessions Judge, Burewala on 2-4-2005 shall also appear on the said date. On 12-10-2005 request for dispensing with the appearance of Mr. Abdul Razzak Solehria Advocate was made as, according to the learned counsel, Mr. Abdul Razzak Solehria Advocate was unable to move on account of fracture in his leg. Even otherwise in view of the order I propose to pass in this petition his appearance is no more required. Mr. Anwar Ali, D.D.A. Appeared on 25-10-2005 and case was adjourned for 26-10-2005, he is also present today.
2. On 25-10-2005 an objection about the maintainability of this petition before this court was raised by Mr. Altaf Ibrahim Qureshi Advocate, learned counsel for respondents Nos.2 to 5 on the ground that, as this court has got no jurisdiction to 'entertain this petition in view of inclusion of Section 12 of Offence of Zina (Enforcement of Hudood) Ordinance and in terms of Art.203-A of the Constitution of Pkistan which has the overriding effect High Court has no jurisdiction to entertain any proceedings or exercise any power or jurisdiction in respect of matters within the powers or jurisdiction of Federal Shariat Court. In support of his contention reliance has been place in the case of "Dr. Munawar Hussain v. Dr. Muhammad Khan, District Health Officer, Sargodha and 2 others" (2004 SCM R 1462).
3. On the other hand Mr.' Muhammad Arif Alvi Advocate appearing on behalf of the petitioner submits that as the impugned order was passed in the. Procedural jurisdiction, hence this court is not debarred from entertaining this petition. Reliance has been placed on "Mst. Sarwar Jan v. Ayub and another" (1995 SCM R 1679) and "Muharrunad Aslam and another v. The State" (2004 YLR 2021).
4. I have considered the arguments of both the learned counsel for the parties.
5. Admittedly Art. 203-A of the Constitution of Islamic Republic of Pakistan exclusively bars High Court to entertain any proceeding or exercise any powers or jurisdiction in respect of matters exclusively falling within the jurisdiction of the Federal Shariat Court. This petition is not maintainable before this court being barred by Art.203-A of Constitution of Islamic Republic of Pakistan. The same is accordingly disposed of being incompetent. The petitioner may, if so advised, approach the Federal Sharial Court for seeking redressal of his grievance.
6. SO far as the presence of Mr. Anwar Ali Deputy District Attorney is concerned since this court has got no jurisdiction to entertain this petition, no further order is called for in this petition.
7.Learned counsel for the petitioner submits that he be allowed to get back the certified copies of the documents annexed with this petition. The office shall return the documents after retaining photo copies of such documents.