Law: Criminal Procedure Code (V of 1898)

Section: Ss. 215 & 226

Criminal Procedure Code (V of 1898)------   ---Ss. 215 & 226-Charge framed by committing Magistrate-Power to quash, vested in no other Court except High Court-Withdrawal or dropping of such charge by Sessions Court-Illegal.   Subrahmania Ayyar v. King-Emperor I L R 25 Mad. 61 ; A. H. Gandhi v. The King 43 Cr. L J 373 and Rex v. Alimuddin and others A I R 1950 All. 77 ref. JUDGMENT   MUSHTAQ HUSSAIN, J.-Muhammad Nawaz aged 35 years, Munir aged 30 years, both sons of Saleh Muhammad, Ahmi aged 30 years son of Adal and Nura aged 31 years son of Sultan, all Khokhars by caste and residents of village Jasrat, Police Station Chiniot, District Jhang have been convicted under section 148 of the Pakistan Penal Code and sentenced to undergo rigorous imprisonment for 2 years each by the learned Additional Sessions Judge, Lyallpur Division at Jhang by his order dated 31-3-62. Each one of them has also been convicted under section 302/149 of the said Code by the same order and sentenced to death. Munir and Nawaz accused also stood their trial under section 201 of the Code but have been acquitted of that charge. A nominal fine of rupee one each has also been inflicted upon them under section 302/149.   The condemned persons have appealed against their convic tion and sentences and the case is also before us for confirmation of the death sentence under section 374 of the Code of Criminal Procedure.   The learned counsel for the appellants has raised a preliminary objection which makes it unnecessary to recount the facts of the case.   Learned counsel has submitted that the committing Magis trate had committed all the accused to stand their trial before the learned Sessions Judge under section 201 of the Pakistan Penal Code also. The learned trial Judge by his order dated 12-3-62 framed the charge afresh on the ground that the one framed by the committing Magistrate was defective. He proceeded to frame a separate charge under section 201 of the Code and omitted the names of Ahmi and Nura appellants from it. This act, it is contended, has the effect of quashing the charge under section 201 against these two persons.   We are quite clear in…