Law: Criminal Procedure Code (V of 1898)

Section: 227,347

Law: Penal Code (XLV of 1860)

Section: 324,337F(iii),34

Criminal Procedure Code (V of 1898)-------Ss.227 & 347---Alteration of charge---Scope---Application of the petitioner for alteration of charge and for framing the same under S.324 P.P.C was dismissed by the Trial Court---Validity---Record reflected that the Trial Court framed the charge under Ss.337-F(iii) and 34, P.P.C., however the petitioner filed an application under S.227, Cr.P.C, for alteration of the charge by framing the same under S.324, P.P.C---Trial Court rejected the same with the observation that the ingredients of S.324, P.P.C were not attracted and transferred the case to the Court of Judicial Magistrate for trial---During trial when the Court found the case was triable by the inferior Court, then the Court could transfer to such Court---Provisions of S.347, Cr.P.C. empowered the Judicial Magistrate to try the case before pronouncement of final judgment, if it was found that the offences so leveled were not triable by him, as such, he could transfer the case file to the superior Court---Rule of prudence/propriety demanded that where two Courts had concurrent jurisdiction, then the case is to be tried by the Court of inferior jurisdiction---Thus, the Trial Court had rightly transferred the case to the Court of Judicial Magistrate, as such, the impugned order did not suffer from mis-reading, non-reading and misappreciation of law and material illegality or irregularity to warrant interference by the High Court---Petition being devoid of merits was dismissed.Date of hearing: 18th April, 2025.JUDGMENTMUHAMMAD NAJAM-UD-DIN MENGAL, J.---This judgment disposes ofCriminal Revision Petition No.114 of 2024 filed by the petitioner Kazim Ali son of Mehmood Khan, against the order dated 14th November 2024 (hereinafter referred as, "the impugned order") passed by learned Additional Sessions Judge-II, Quetta ("the trial Court"), whereby the application under Section 227 Cr.P.C. filed by the petitioner was dismissed.2.    Facts of the petition are that on 4th November 2023 at about 01:50 p.m. the petitioner (complainant) Kazim Ali lodged an FIR bearing No.169 of 2023 at Police Station Qauidabad, District Quetta, under Section 337-ADF, 34…