JAHANGIR KHAN vs State S — 2022 MLD 1716 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 MLD 1716 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: MLD
Parties: JAHANGIR KHAN vs State S
Subject matter: Criminal
Provisions referred to: S. 412---C; S. 227---D; S. 412; S. 392; S. 411; Criminal Procedure Code (V of 1898)

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

JAHANGIR KHAN VS State S.412---Criminal Procedure Code (V of 1898), S. 227---Dishonestly receiving stolen property---Application for alteration of charge and transfer of the case to the court of Judicial Magistrate was rejected---Validity---Mere recovery of stolen vehicle did not attract S.412, P.P.C.---Prosecution would prove that the accused had a knowledge that the vehicle in question was used for commission of offence---Mere registration of FIR under S.392/34, P.P.C., in the other Province against unknown person did not ipso facto prove that the accused had the knowledge---Mere possession of stolen vehicle did not attract S.412, P.P.C.---When the court, during trial would find that the case was triable by the inferior court, then the court could transfer the case to such court---Rule of prudence/propriety demanded that where the two courts having concurrent jurisdiction then the case be tried by the court of inferior jurisdiction---Petition, in circumstances, was allowed by High Court by setting aside the impugned order---Section 412, P.P.C. was altered to S.411, P.P.C. and case was ordered to be transferred to the court of Judicial Magistrate for trial. Head NotesCase Description

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