Law:

Section:

Penal Code (XLV of 1860) --------- ----------Ss. 302, 319 & 34 --------- Criminal Procedure Code (V of 1898), Ss.22-A & 227 --------- Constitution of Pakistan, Art.199 --------- Constitutional petition --------- Maintainability --------- Qatl-i-amd, qatl-i-khata, common intention --------- Order of Justice of Peace --------- Scope --------- Framing and alteration of charge --------- Constitutional petition --------- Main grievance of the petitioners/accused persons was that initially case against them was registered under Ss.319/34, P.P.C., but later on, on direction of Ex-officio Justice of Peace, SHO concerned included S.302, P.P.C., in the FIR, which according to the petitioners was beyond the scope of S.22-A, Cr.P.C. and fell outside the jurisdiction of Justice of Peace --------- Validity --------- Once the charge was framed by the Trial Court, keeping in view facts of the case and relevant provisions relating to framing of charge under Cr.P.C., sections of law applied in the case by the Police/prosecution at the time of registration of FIR, during investigation and at the time of submission of challan, would become irrelevant and of no significance; as the Trial Court enjoyed discretion, within the parameters of law, to frame charge in the light of facts and evidence, available on record, regardless of the sections of law applied in the FIR, or complete challan by the Police/prosecution --------- Question of application of sections of law was rendered only academic after completion of investigation and submission of challan to the court --------- Even the sections of law under which accused was charged by the Trial Court, were subject to alternation/variation "at any time" before was pronounced under S.227, Cr.P.C. --------- No justification existed to invoke the constitutional jurisdiction of High Court, when other adequate remedies were available at different stages in ongoing proceedings, not yet culminated to the detriment of a person, bringing him within the definition of 'an aggrieved' person, and accruing a cause of action in his favour under Art.199 of the Constitution --------- Justice of Peace had followed the provisions of S.22-A,…

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