Law: Criminal Procedure Code, 1898

Section: 561-A

PLJ 2026 Cr.C. (Note) 81 [Lahore High Court, Bahawalpur Bench] Criminal Procedure Code, 1898 (V of 1898)-- ----S. 561-A--Inherent jurisdiction--Application for adding offence--The petitioner submitted an application before investigating officer for adding offence u/S. 354-A, PPC, however upon being unsuccessful, she filed a petition u/S. 22-A, Cr.P.C. before Ex-officio Justice of Peace, which was dismissed-- It is an admitted fact that report u/S. 173, Cr.P.C. has since been prepared by police, which will be submitted before trial Court after scrutiny from office of District Prosecutor, will definitely, add said offence if facts and circumstances of case so warrant--At time of framing of charge, trial Court was also competent to add said offence keeping in view facts and circumstances of case--The petitioner has another remedy by way of filing private complaint in relation to adding of desired offence and took responsibility at her shoulders to prove same through evidence of her own choice. [Para 3] A & B Order Through this criminal miscellaneous under Section 561-A, Cr.P.C., petitioner Shahina Bibi has challenged the legality and propriety of order/judgment dated 06.04.2024 and 10.05.2024 passed by the learned Judicial Magistrate and learned Additional Sessions Judge, Liaqatpur respectively, whereby her application for adding offence under Section 354-A, PPC in case FIR No. 166/2024 dated 22.02.2024, offence under Section 337-F(i), 354, 148 & 149, PPC, registered at Police Station Shedani Sharif, was dismissed and revision petition against the said order also met with same fate. 2.       Arguments heard. Record perused. 3.       The petitioner got lodged the aforementioned case against three nominated and two unknown accused with the allegation that they launched an attack upon her and her brother-in-law (Dewar) on 06.02.2024 at Asar time, outraged her modesty, torn her clothes and made her semi naked. During investigation, the petitioner submitted an application before the investigating officer for adding offence under Section 354-A, PPC, however upon being unsuccessful, she…