State vs SAEED KHAN Ss — 2021 PCrLJ 608 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 PCrLJ 608 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: PCRLJ
Parties: State vs SAEED KHAN Ss
Subject matter: Criminal
Provisions referred to: S. 227

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

State VS SAEED KHAN Ss. 227, 233, 234, 235 & 239---alteration of charge---Separate charge for distinct offences---Three offences of same kind within year may be charged together---Trial for more than one offence---Prosecution assailed order passed by Trial Court whereby its application under S. 227, Cr.P.C. for alteration of the consolidated charge in two different criminal cases was dismissed---Incidents in two different FIR were neither of the same kind nor had been committed during the course of same transaction, therefore, the same could not be tried jointly---Trial Court while passing the order of joint trial of both the cases and framing a consolidated/joint charge had committed an illegality which could not be countenanced---Section 233, Cr.P.C., provided that for every distinct offence of which any person was accused, there would be a separate charge and every such charge would be tried separately except in the cases mentioned in Ss. 234, 235 & 239, Cr.P.C.--- Impugned order was set aside and the Trial Court was directed to try the cases separately on separate charges.

Other judgments reported in 2021 PCRLJ

2021 PCrLJ 506 PESHAWAR-HIGH-COURTPROFESSOR AKHTAR KHAN VS State S. 497---prevention of electronic Crimes Act (XL of 2016), Ss. 10 & 11---Penal Code (XLV of 1860), S. 109---C…
2021 PCrLJ 1457 KARACHI-HIGH-COURT-SINDHADIL NADEEM VS State S. 497---prevention of electronic Crimes Act (XL of 2016), S. 22---Child pornography---Bail, refusal of---Delayed FIR--…
2021 PCrLJ 119 KARACHI-HIGH-COURT-SINDHSALEEM KHALID VS State S. 497---prevention of electronic Crimes Act (XL of 2016), Ss. 20, 21 & 24---Offences against dignity of natural pers…
2021 PCrLJN 83 QUETTA-HIGH-COURT-BALOCHISTANABDULLAH alias KHALIQ DAD VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Recovery of crime weapon---De…
2021 PCrLJN 2 QUETTA-HIGH-COURT-BALOCHISTANJAHANZAIB VS State Ss. 11F & 11H---Supply of statements and documents to the accused---Scope---Criminal trial commences with the distributio…
2021 PCrLJN 2 QUETTA-HIGH-COURT-BALOCHISTANJAHANZAIB VS State Ss. 265-E & 221---Plea of guilty---Charge to state offence---Scope---When a person is convicted on a plea of guilty, the…

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