Law: Criminal Procedure Code (V of 1898)

Section: 221,439

Criminal Procedure Code (V of 1898)-------Ss. 221& 439---Framing of charge---Object, purpose and scope---Material, reliance upon---Accused persons were aggrieved of framing of charge by Trail Court without following directions of Supreme Court---Validity---At the stage of framing of charges, the Court must focus only on materials collected during investigation that can be legally translated into evidence, rather than on any additional evidence the prosecution may present during trial, which begins only after the charges are framed and accused denies them---Trial judge is not merely a post office to frame the charge at the instance of prosecution---Judge must sift evidence to determine whether sufficient grounds exist for proceeding--Evidence includes statements recorded by police or the documents submitted before the Court---At the time of framing of charges, the probative value of material on record cannot be assessed and the material presented by prosecution must be accepted as true---Purpose of framing of charge is to inform the accused of clear, unambiguous and precise nature of accusation that may confront during trial---At the time of framing of charge, Court is concerned not with proving allegation but rather with evaluating material and forming an opinion as to whether there is a strong suspicion that accused has committed an offence, which if put to trial, could prove his guilt---Framing of charge is not a stage at which final test of guilt is applied---High Court declined to interfere in the charge framed by Trail Court--- Revision was dismissed, in circumstances.Tahir Naqash v. The State PLD 2022 SC 385 and Mubarak Ahmad Sani v. The State 2024 SCP 60 distinguished.Date of hearing: 14th May, 2025.JUDGMENTAALIA NEELUM, C.J.--- This criminal revision under section 435 Cr.P.C. read with section 439 Cr.P.C. is directed against the order dated 15.05.2024 passed by the learned Additional Sessions Judge, Lahore, whereby charge under sections 295A, 295-B, 295-C and section 11 PECA was framed against the petitioner and the application filed by the petitioner to follow the directions of Honorable Supreme Court of Pakistan contained in "Tahir Naqash v. The…