Citation Name: 2025 YLR 715 KARACHI-HIGH-COURT-SINDHBookmark this Case Nawab Khan vs State Ss — 2025 YLR 715 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 YLR 715 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: YLR
Parties: Citation Name: 2025 YLR 715 KARACHI-HIGH-COURT-SINDHBookmark this Case Nawab Khan vs State Ss
Subject matter: Criminal
Provisions referred to: S. 324; S. 162; Penal Code (XLV of 1860)

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

Citation Name: 2025 YLR 715 KARACHI-HIGH-COURT-SINDHBookmark this Case Nawab Khan VS State Ss. 162, 173 & 561-a---Penal Code (XLV of 1860), Ss. 324, 337-H(2), 506(2), 504, 147, 148 & 149---Report of Police Officer---addition or deletion of legal provision---Scope---applicant was aggrieved of an order passed by Magistrate whereby charge under S.324, P.P.C., was deleted---Validity---It was not a question of adding or deleting sections rather to determine in the first place as to whether the trial was of magisterial nature or was to be proceeded before the Sessions Court---Such determination had to be made by applying the judicial mind but with the supporting/relied upon material available---Rather it was duty of Magistrate to determine the Court of trial as provided in law and as it appeared from the record---In the present case, no such material had even been shown to the Court whereby the S. 162 Cr.P.C, statement could be relied upon for the applicability of S. 324, P.P.C---application stood dismissed having no merits.

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