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Kazim Ali vs Nadir Ali Ss — 2025 PCrLJ 1546 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2025 PCrLJ 1546 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2025
Reporter
PCRLJ
Parties
Kazim Ali vs Nadir Ali Ss
Subject matter
Criminal
Provisions referred to
S. 324; S. 227; S. 347

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

Kazim Ali VS Nadir Ali Ss.227 & 347---alteration of charge---Scope---application of the petitioner for alteration of charge and for framing the same under S.324 P.P.C was dismissed by the Trial Court---Validity---Record reflected that the Trial Court framed the charge under Ss.337-F(iii) and 34, P.P.C., however the petitioner filed an application under S.227, Cr.P.C, for alteration of the charge by framing the same under S.324, P.P.C---Trial Court rejected the same with the observation that the ingredients of S.324, P.P.C were not attracted and transferred the case to the Court of Judicial Magistrate for trial---During trial when the Court found the case was triable by the inferior Court, then the Court could transfer to such Court---Provisions of S.347, Cr.P.C. empowered the Judicial Magistrate to try the case before pronouncement of final judgment, if it was found that the offences so leveled were not triable by him, as such, he could transfer the case file to the superior Court---Rule of prudence/propriety demanded that where two Courts had concurrent jurisdiction, then the case is to be tried by the Court of inferior jurisdiction---Thus, the Trial Court had rightly transferred the case to the Court of Judicial Magistrate, as such, the impugned order did not suffer from mis-reading, non-reading and misappreciation of law and material illegality or irregularity to warrant interference by the High Court---Petition being devoid of merits was dismissed.

Other judgments reported in 2025 PCRLJ

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