AMMAD YOUSAF vs GHULAM MURTAZA CHANDIO Ss — 2023 PCrLJ 1256 ISLAMABAD

Case information

Citation: 2023 PCrLJ 1256 ISLAMABAD
Court: Islamabad High Court
Year: 2023
Reporter: PCRLJ
Parties: AMMAD YOUSAF vs GHULAM MURTAZA CHANDIO Ss
Subject matter: Criminal
Provisions referred to: S. 265-D

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

AMMAD YOUSAF VS GHULAM MURTAZA CHANDIO Ss. 173, 265 & 265-K--- Framing of charge--- Discharge of accused---Principles---Application of the petitioner was to the effect that no case against him was made out, therefore, charge could not be framed against him---Validity---Court was not to delve into the veracity of the documents or the statements made by the witnesses; even admissibility of the documents or otherwise was also not the domain of the Court at such stage, as it would be holding a trial within trial---Sole purpose of S. 265-D, Cr.P.C was that the report under S. I73, Cr.P.C., and the statements and documents submitted provided prima facie basis to proceed with the trial; if prima facie case was made out, Trial Court was to continue with framing of charge and commencement of trial---Section 265-K, Cr.P.C., provides jurisdiction to Trial Court to discharge/acquit the accused, if it considers that there is no probability of the accused being convicted of the offence---Impugned order did not suffer from error of law or of jurisdiction calling for interference by High Court---Petition was dismissed.

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