Law: Criminal Procedure Code (V of 1898)

Section: 234,439

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 234 & 439--Joint trial of criminal cases--Revision petition--Petitioner is neither an accused nor he has any concern with the occurrence, alleged in the said matters but erroneously through the impugned order, joint trial of the petitioner, in the above said matters has also been ordered which is not acceptable under the law--Plain reading of the above mentioned provision indicates that joint trial of cases could be held when Accused in all the cases should be the same, Offences should be of same kind, and Number of cases should not exceed three--Joint trial under the above mentioned provision would only be permissible, if the above mentioned requirements are fulfilled--Joint trial is not permissible--Revision petition was allowed. 2013 YLR 548, ref. THIS ORDER PASSED BY: MUHAMMAD TARIQ ABBASI, JUSTICE---.--- This criminal revision is directed against the order dated 4.11.2013, passed by the learned Special Judge, Anti-Corruption, Multan whereby joint trial of FIR No. 340/2011 registered at Police Station Jalalpur Pirwala, district Multan and FIRs No. 6/2012 and 53/2012, both registered at Police Station Anti Corruption Establishment, Multan has been ordered. 2. It is contended by the learned counsel for the petitioner that in FIRs No. 06 of 2012 and 53 of 2012, petitioner is neither an accused nor he has any concern with the occurrences, alleged in the said matters but erroneously through the impugned order, joint trial of the petitioner, in the above said matters has also been ordered which is not acceptable under the law. 3. Arguments heard. Record perused. 4. Section 234 of the Criminal Procedure Code, 1898 provides joint trials of cases. Said Sections reads as under:-- 234. Three offences of same kind within one year may be charged together. (i) When a person is accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such offences, whether in respect of the same person or not, he may be charged with, and tried at one trial for, and number of them not exceeding three. (2) Offences are of the same kind when they are punishable with the…

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