Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S.561-A---Penal Code (XLV of 1860), Ss.337-L(2), 427 & 34---Hurt, mischief causing damage to fifty rupees, common intention---Quashing of proceedings---Inherent powers of High Court---Scope---Application for addition of offence of qatl-i-amd in the charge---Question was whether from the facts and circumstances available on record, prima facie offence of qtal-i-amd had been constituted or not---Complainant had specifically levelled allegation against accused persons of causing abdominal injury to deceased---Cause of death was process of disease which was aggravated by extensive surgery as a result of history of trauma to abdomen, said injury having been caused by accused persons, it was evident from the material available on record that an offence of homicide was committed---Magistrate having observed that evidence on record showed that offence did not constitute murder, assumed the jurisdiction of the case as a Trial Court---Such action of the Magistrate was illegal and not tenable---Impugned order of Sessions Judge maintaining the order of Magistrate was also not sustainable---When the statements of prosecution witnesses had been recorded by the Magistrate after framing of charge against accused persons in respect of offences under Ss. 337-L(2), 427 & 34, P.P.C. entailing lessor punishment, the provisions of S. 347 Cr. P. C. would come into play---Petition under section 561-A Cr. P. C. for quashing the order was allowed accordingly. Arshad Masih v. The State 2012 PCr.LJ 1674; Muhammad Ashraf v. The State PLD 2008 Lah. 578; Abdul Hakeem v. The State 2005 PCr.LJ 182; Azmat Ullah Khan v. The State 1993 PCr.LJ 1220; Khuda Bakhsh and another v. The State PLD 1994 Lah. 442 and Syed Tajammal v. Nasar Mehdi and another PLD 1976 SC 377 ref. (b) Words and phrases--- ----"Trauma"---Meaning---Physical injury caused by a blow or fall or a psychologically damaging emotional experience and an injury, wound, shock or resulting condition or neurosis. Black's Law Dictionary ref. THIS ORDER PASSED BY: ASJAD JAVAID GHURAL, JUSTICE:---.--- Through this petition under Section 561-A of the Code of Criminal Procedure 1898,…

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