ABID REHMAN vs FAROOQ UMAR BHOJA Ss — 2022 PCrLJ 1587 ISLAMABAD

Case information

Citation: 2022 PCrLJ 1587 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: PCRLJ
Parties: ABID REHMAN vs FAROOQ UMAR BHOJA Ss
Subject matter: Criminal
Provisions referred to: S. 190---Q; S. 173; S. 190; S. 321; S. 302; S. 30; 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

ABID REHMAN VS FAROOQ UMAR BHOJA Ss. 302 & 321---Criminal Procedure Code (V of 1898), S. 190---Qatl-i-amd and Qatl-bis-Sabab---Forum of trial---Determination---Investigating officer submitted his report under S. 173 Cr.P.C. before Area Magistrate who in exercise of his jurisdiction under S. 190, Cr.P.C. forwarded the case to Sessions Judge for trial---Sessions Judge before framing of charge concluded that it was a case under S. 321, P.P.C. and not one under S. 302 P.P.C. and sent the case to Magistrate under S. 30 Cr.P.C. for trial---Complainant was aggrieved of order passed by Sessions Judge converting trial under S. 302, P.P.C. to trial under S. 321, P.P.C.---Validity---No reasons were given to form opinion with regard to application of S. 321, P.P.C. instead of S. 302, P.P.C., inserted by prosecution in report under S. 173, Cr.P.C.---No mention in record as to how findings of Judicial Commission, report under S. 173, Cr.P.C. or for that matter statements of witnesses and other documents led to draw opinion by Sessions Judge with regard to application of S. 321, P.P.C. instead of S. 302, P.P.C.---High Court set aside order passed by Sessions Judge, as the same was short of reasons essential to justify opinion---High Court remanded the matter to Sessions Court to decide the issue afresh---Revision was allowed in circumstances.

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