Mst. Saira Fatima vs State S — 2024 PCrLJ 1289 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2024 PCrLJ 1289 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2024
Reporter: PCRLJ
Parties: Mst. Saira Fatima vs State S
Subject matter: Criminal
Provisions referred to: S. 489-F---C; S. 234---I; S. 234; F---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

Mst. Saira Fatima VS State S. 489-F---Criminal Procedure Code (V of 1898), S. 234---Issuing cheque dishonestly---Application for joinder of charges---Petitioner facing trials in more than one cases of the same nature, registered within a span of 12 months sought one trial by way of joinder of charges in all the cases---Application was declined by Trial Court---Revision was also dismissed---Validity---Joinder of charges as provided in S. 234, Cr.P.C, is procedural as well as directory and not mandatory---Joinder of charges could not be sought as a right either by the accused or the prosecution---Accused can not insist for joinder of charges unless it is shown that separate charges in different trials either will prejudice his/her case or will amount to an illegality including double jeopardy---Three prosecution witnesses had been recorded in one of the cases and a direction had already been issued by the Director General, Directorate of District Judiciary, to decide the case within two months---All the criminal cases, having different sets of witnesses i.e. the proposed evidence, had been lodged by different persons/complainants---Courts below had passed the impugned orders while taking into consideration the law on the point in its true perspective and had validly refused to exercise the discretion in favour of the petitioner, which called for no interference by the High Court---Petition was dismissed, in circumstances.

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