| Citation(s) |
|---|
| 2013 SLG 2783 2013 SLD 2783 2013 YLR 2019 |
Peshawar High Court
Quashment Petition No. 68 of 2013, decided on 22nd April, 2013
QAISER RASHID KHAN, J
Ghulam Muhammad Sappal for Petitioner. Noor Gul Khan for
Respondents. Bahadur Khan Marwat, A.A.G. for the State
Quashment Petition No. 68 of 2013, decided on 22nd April, 2013
QAISER RASHID KHAN, J
Ghulam Muhammad Sappal for Petitioner. Noor Gul Khan for
Respondents. Bahadur Khan Marwat, A.A.G. for the State
EJAZ HUSSAIN
VS
NASIMULLAH and 4 others
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----Ss. 561-A, 227 & 22-A---Penal Code (XLV of 1860), Ss. 419, 420, 468, 471, 467, 477-A & 109---Cheating by personation, cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, using as genuine a forged document, forgery of valuable security, will etc., falsification of account and abetment---Quashing of proceedings---Inherent powers of High Court---Complainant filed application under S.22-A, Cr.P.C. for lodging F.I.R. under Ss. 419, 420, 468, 471, 467, 477-A & 109 P.P.C., which was lodged but accused were charge-sheeted under Ss. 419, 420, 468, 471, 477-A and 109, P.P.C. wherein complainant moved application for addition of S. 467, P.P.C. which was dismissed concurrently---Validity---Complainant filed application for addition of S. 467, P.P.C. at belated stage which was unexplained---Charge-sheet or framing of charge against accused was neither sacrosanct nor per se was gospel truth---Charge could be altered or added by the Trial Court before the was pronounced---At the conclusion of the trial, if the Trial Court reached to the conclusion that the evidence so recorded warranted the application of S. 467, P.P.C., it might add the same to the charge so framed and send the case file to the Sessions Judge---Orders passed by both the courts below were well within the framework of law---Quashment petition was dismissed. JUDGMENT QAISER RASHID KHAN, J.---Through the petition in hand under section 561-A, Cr.P.C, the petitioner Ejaz Hussain has called in question the judgment/order dated 21-3-2013 of the learned Additional Sessions Judge-III, D.I.Khan as well as the judgment/order dated 14-1-2013 of the learned Judicial Magistrate-II, D.I.Khan. 2. Relevant facts leading to the filing of the instant petition are that on the application under section 22-A Cr.P.C. before the learned Sessions Judge/Justice of Peace, D.I. Khan, an F.I.R was ordered to be lodged against the accused/respondents, whereafter F.I.R. No.404 dated 26-7-2010, under sections 419, 420, 468, 471, 467, 477-A & 109, P.P.C. was registered against the accused/respondents at Police Station Cantt: D.I.Khan. Subsequently…
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