Law: Criminal Procedure Code (V of 1898)

Section: 233,537

Law: Penal Code (XLV of 1860)

Section: 420

Law: Constitution of Pakistan, 1973

Section: 199

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 233 & 537---Penal Code (XLV of 1860), S.420---Constitution of Pakistan (1973), Art.199---Constitutional petition---Misjoinder of charges---Validity---Two separate accused, according to F.I.R., had committed separately cognizable offences, yet only one F.I.R. had been registered by the S.H.O.---Accused and one other person had cheated the complainant separately, but the offences committed by them under S.420, P.P.C. were merged into one F.I.R.---Mandatory provisions of S.233, Cr.P.C. had been disregarded and violated both by police authorities and by Trial Court at the time of framing of charge and in subsequent proceedings---Case was of misjoinder of charges, which in view of mandatory provisions of S.233, Cr.P.C. was an illegality vitiating the entire proceedings and was not curable under S.537, Cr.P.C.---Such illegality being patent on the face of record and the proceedings before Trial Court continuously suffering from the same, were set aside being unlawful---Prosecution was directed to submit fresh separate challans against both the accused persons to be charged separately by the Trial Court---Constitutional petition was allowed accordingly. 1986 MLD 2477; Sh. Muhammad Aslam v. State and others 1991 MLD 1973; PLD 1960 Dacca 551 and PLD 1985 Lah. 173 ref. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction-Scope-Writ of certiorari will issue only in cases of want or excess of jurisdiction and also in cases of illegality not curable under S.537, Cr.P.C.---Such illegality, however, must not entail any enquiry into the facts of the case, but must be patent on the face of the record---Where an enquiry is necessitated to question the illegality in the case, the illegality cannot be said to be patent on the face of the record. PLD 1985 Lah. 173 ref. (c) Criminal Procedure Code (V of 1898)--- ----S. 233---Separate charges for distinct offences---Misjoinder of charges---Effect---Misjoinder of charges is an illegality which vitiates the entire proceedings. PLD 1985 Lah. 173 ref. ORDER SYED SHABBAR RAZA RIZVI, J.---The petitioner has filed this writ petition to contend that in view…

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