ALTAF HUSSAIN vs State Ss — 2022 YLR 2486 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 YLR 2486 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: YLR
Parties: ALTAF HUSSAIN vs State Ss
Subject matter: Criminal

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

ALTAF HUSSAIN VS State Ss. 221 & 154---Charge to state offence--- Information in cognizable case---Scope---Complainant had a scuffle with three accused persons, who were his neighbours, he got injured and went to the hospital to seek medical aid, the accused persons went inside his apartment and stole some valuables---Charge against accused persons was framed but soon thereafter an application seeking amendment of the charge was moved in which he wanted that Ss.337-A(i), 337(ii), 459 & 460, P.P.C. be added---Judicial Magistrate dismissed the application---Additional Sessions Judge added only Ss. 337-A(ii) & 337(ii), P.P.C. to the charge---Held; FIR was merely an information of the occurrence of a cognizable offence and did not mean that the allegations therein were deemed to be correct---At the moment and upon a cursory review of the evidence, occurrence of offences under Ss.337-A(i), 337(ii), 459 & 460, P.P.C. could not be conclusively ruled out---High Court directed the Trial Court to add Ss.337-A(i), 337(ii), 459 & 460, P.P.C. in the charge--- Applications were disposed of accordingly.

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