Case Details

Citation(s)
2015 SLG 2961 2015 SLD 2961 2015 PCRLJ 1614
Peshawar High Court
Writ Petition No. 1013-P of 2014, decided on 24th March, 2015.
MAZHAR ALAM KHAN MIANKHEL, C.J. AND ABDUL LATIF KHAN, J
Abdul Sattar Khan for Petitioner. Azim Dad, ADPG NAB for
Respondents.

ABDUL QAYYUM KHAN

VS

DIRECTOR GENERAL NATIONAL ACCOUNTABILITY BUREAU through Deputy Prosecutor-General (NAB) and 3 others

Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 221, 222, 223, 227 & 537--- Charge, framing of--- Object, scope and purpose--- Charge as a matter of fact is precise formulation of specific accusation made against a person who is entitled to know its nature at the earlier stage---Purpose of charge is to tell an accused as precisely and concisely as possible, the matter on which he is charged and must convey to him with sufficient clearance and certainty as to what material prosecution intends to produce against him of which he would have to clear himself---Errors committed in stating either offences or particulars required to be stated in the charge or omission in that behalf cannot be treated as material unless accused is in fact misled by such errors or omissions and further it also occasioned a failure of justice---In absence of prejudice to accused, neither trial can be held illegal nor conviction can be set aside in presence of curing provisions contained in Ss.227 & 537, Cr.P.C. (b) National Accountability Ordinance (XVIII of 1999)--- ----S. 9(a)(iv) & (v)--- Criminal Procedure Code (V of 1898), S.227---Constitution of Pakistan, Art.199---Constitutional petition---Amendment of charge---Petitioner was facing trial under National Accountability Ordinance, 1999, and he was aggrieved of amendment of charge made by Trial Court---Validity---Charge could be amended or altered or added at any time before was pronounced---Court could always alter the charge at any point of time either on an application or on its own---Prosecution evidence was not completed and accused was also yet to be examined under S.342 Cr.P.C. whereafter was to be announced---Trial Court had rightly passed order for addition of clauses (iv) and (v) of S.9(a) of National Accountability Ordinance, 1999---Trial Court, under S.227, Cr.P.C. could alter or add to any charge at any time before was pronounced and had rightly directed that such alteration would be read and explained to petitioner/accused---High Court declined to interfere in the order passed by Trial Court, as petitioner failed to point out any illegality or irregularity in the order---Petition was dismissed in…
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