Citation Name: 2025 PCrLJ 1550 KARACHI-HIGH-COURT-SINDHBookmark this Case Mst. Erum Suleman Ali vs State S

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Citation Name: 2025 PCrLJ 1550 KARACHI-HIGH-COURT-SINDHBookmark this Case Mst. Erum Suleman Ali VS State S. 561-a & 173---Penal Code (XLV of 1860), Ss. 302, 324 & 502---Inherent power of High Court---Quashing of order---Trial Court summoned the applicant through non-bailable warrant in the criminal case, whereas she was neither named in FIR nor in report under S.173,Cr.P.C., but she was arraigned as accused in supplementary challan---Validity---In the present case, two FIRs of the same police station were registered for the same incident, however one FIR was disposed of in "a" Class whereas report under S.173, Cr.P.C., was submitted in other FIR---Judicial Magistrate had taken the cognizance on the final report submitted by the Investigating Officer under S.173, Cr.P.C., and sent the case to Sessions Judge concerned as S.302, P.P.C., was exclusively triable by the Court of Session---Sessions Judge transferred the case to additional Sessions Judge on administrative grounds for disposal in accordance with law---Trial Court after formal proceedings, framed the charge against the accused---as per record, neither applicant was nominated in the FIR nor her name came on surface in the final report/challan---after submission of final report under S.173, Cr.P.C., Investigating Officer furnished supplementary challan before concerned Judicial Magistrate, who sent the supplementary challan to Trial Court on the ground that he had already taken the cognizance on the report under S.173, Cr.P.C., and now he had become functus officio---Trial Court after receiving supplementary challan had not passed any order and after compliance under S.265-C, Cr.P.C., framed the charge against the accused who were placed on the list of column of accused in the final report forwarded by the Judicial Magistrate under S.173, Cr.P.C.---Case was fixed for recording evidence when legal heirs of deceased had pointed out that before proceedings further Trial Court had to pass order on the supplementary challan and Trial Court after hearing the parties had passed the impugned order by issuing Non Bailable Warrant against the applicant---applicant had been implicated by the Investigating Officer after collecting evidence against her as she had played role for disappearing evidence in connivance with accused, who was husband of the applicant, which required adjudication---So far as the points raised by the applicant that neither she was nominated in the FIR nor her name was mentioned in the report under S.173, Cr.P.C., as accused, charge was framed against co-accused and Trial Court was not competent to take cognizance at belated stage were concerned, Trial Court could take cognizance in view of the provisions of S.193(1),Cr.P.C., on receiving the supplementary report from Judicial Magistrate concerned---No any illegality was found while taking cognizance of offence by Trial Court against the applicant---However, instant criminal miscellaneous application was converted to bail and applicant was admitted to protective bail for a period of Seven (7) days---Operation of Non Bailable Warrant issued against the applicant was suspended for that period---Petition, disposed of accordingly.

Citation Name: 2025 PCrLJ 1550 KARACHI-HIGH-COURT-SINDHBookmark this Case Mst. Erum Suleman Ali vs State S — 2025 PCrLJ 1550 KARACHI-HIGH-COURT-SINDH

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