Law: Criminal Procedure Code (V of 1898)

Section: 227

Law: Penal Code (XLV of 1860)

Section: 337-A(ii)/337-F(i)/337-F(v)/337-F(vi)/14 8/149

Law: Constitution of Pakistan, 1973

Section: 199

Criminal Procedure Code (V of 1898)---   ----S. 227---Penal Code (XLV of 1860), Ss.337-A(ii)/337-A(iv)/337-F(i)/ 337-F(iii)/337-F(v)/337-F(vi)/148/149---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Amendment of charge---Charge in the case had already been framed and statement of prosecution witness was being recorded by the Trial Court---Upon completion of examination-in- chief of prosecution witness, the complainant filed application before the Trial Court seeking amendment of charge to the effect that S. 324, P.P.C. be added to the charge---Said application was dismissed by the Trial Court and revision filed against dismissal order was also dismissed by Revisional Court and the complainant had filed Constitutional petition against such concurrent orders ---F.I.R. showed that the accused party was equipped with unconventional weapons and not with deadlier weapons---Complainant had not mentioned in the F.I.R. that the accused party had any intention to kill any person and during investigation of the case, complainant had not insisted that S.324, P.P.C. should also be added to the F.I.R. or to be included in the challan submitted by the Police---Complainant for the first time, after completion of examination- in-chief of prosecution witness, had sought to add charge under S.324, P.P.C.---Trial Court as well as revisional Court, after attending to all aspects of the mater, had rightly dismissed application- filed by complainant for adding the charge---Reasonable and just order passed by two Courts below could not be interfered with in Constitutional petition by High Court.   Muhammad Mehmood Ali v. The State 1987 PCr.LJ 312; Yahya Bakhtiar, Advocate v. The State through the Secretary, Ministry of Interior, Government of Pakistan, Islamabad PLD 1983 SC 291; Muhammad Ibrahim and another v. QudratullahRudhly and another PLD 1986 Lah. 256 and Muhammad Khan v. Haji Ghulam Qadir Brohi and another 1996 PCr.LJ 99 ref.   Zahid Hussain Khan for Petitioner.   Ishfaq Ahmad Chaudhry for Respondents Nos. 1, 2 and 10,   Nemo for Respondents Nos. 3 to 9   Date of hearing: 6th May, 2002. JUDGMENT The necessary facts giving…

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