| Case ID |
1aba767f-cbf3-4783-814a-f196943e9f58 |
| Body |
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| Case Number |
Criminal Miscellaneous No. 1481-M of 2010 |
| Decision Date |
Dec 02, 2010 |
| Hearing Date |
Dec 02, 2010 |
| Decision |
The Lahore High Court set aside the judgment of the Additional Sessions Judge which had quashed the order of the Trial Court to amend the charge against the accused. The decision emphasized that the trial court has the authority to amend charges before the judgment is pronounced if warranted by the circumstances. The court ruled that the alteration of charges under sections 419 and 420 of the Pakistan Penal Code was justified based on the evidence presented, particularly regarding the dishonestly issued cheque. The court restored the order of the Trial Court, thereby allowing the charges to be amended. |
| Summary |
In the case of Criminal Miscellaneous No. 1481-M of 2010, the Lahore High Court addressed the issue of charge alteration under the Criminal Procedure Code and the implications of dishonestly issuing a cheque under the Pakistan Penal Code. The petitioner, Mazhar Iqbal, challenged the decision of the Additional Sessions Judge, which had set aside the Trial Court's order to amend charges against Muhammad Iqbal. The High Court ruled that charges can be altered at any stage of the trial prior to judgment if circumstances demand it. This case highlights the judicial discretion courts have in ensuring justice and the importance of maintaining the integrity of legal proceedings. The decision reinforces the principle that legal charges must reflect the evidence and circumstances of each case, ensuring that justice is served effectively and impartially. Keywords: Lahore High Court, criminal procedure, charge alteration, Pakistan Penal Code, dishonestly issued cheque, legal proceedings. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SAYYED MAZAHAR ALI AKBAR NAQVI,
MAZHAR IQBAL
|
| Lawyers |
Fida Hussain,
Mian Muhammad Awais Mazhar
|
| Petitioners |
Mazhar Iqbal
|
| Respondents |
Another,
Muhammad Iqbal
|
| Citations |
2011 SLD 998,
2011 YLR 995
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
227,
561A,
419,
420,
489-F
|