Law: Criminal Procedure Code (V of 1898)

Section: 346/347/561-A

Law: Pakistan Penal Code, 1860

Section: 376/511/354/337-A(i),337-L(ii)/148/149

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 346/347 561-A--Pakistan Penal Code, (XLV of 1860), Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 346/347 561-A--Pakistan Penal Code, (XLV of 1860), Ss. 376/511/354/337-A(i)/337-L(ii)/148/149--Jurisdiction of Court--Application for addition of offences u/S. 376/511, PPC was allowed by the judicial magistrate. But in revision, the learned additional session judge directed to the learned judicial ma,istrate to proceed u/S. 354, PPC--Tentative assessment does not interfere for building an opinion later by the trial Court if some evidence is made available in the form of deposition of witnesses--If such a situation arises, petitioner can repeat application before the learned Judicial Magistrate asking him to add offences under Section 376 and 511, PPC in the case--Judicial Magistrate from the material then available to him if feels that offences apparently attracted, he while exercising powers u/S. 346 and 347 of Cr.P.C. can send reference to the Sessions Judge with his recommendation that case ought or should be tried by the Court of Sessions--Petition disposed of. ORDER Through this petition, petitioner has assailed order dated 13.2.2019 whereby the learned Additional Sessions Judge, Chichawatni, District Sahiwal has set aside the order of the learned Magistrate dated 23.1.2019. Petitioner has moved an application before the learned Judicial Magistrate, Chichawatni, District Sahiwal for addition of offences under Sections 376 and 511, PPC in the trial of case FIRNo. 223/2017, dated 04.6.2017 under Sections 354, 337-A(i), 337-L(2), 148 and 149, PPC registered at Police Station Saddar Chichawatni, District Sahiwal. Such application was allowed by the learned Judicial Magistrate vide order cited above. Such order was…

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