Legal Case Summary

Case Details
Case ID d6477175-164b-4044-a18a-a9acb08cf330
Body View case body.
Case Number Writ Petition No. 2030-P of 2020
Decision Date Sep 03, 2020
Hearing Date Sep 03, 2020
Decision The court allowed the petition and set aside the impugned order of the trial court. It was directed that both cases be tried separately on distinct charges. The ruling emphasized that the incidents in the two FIRs were neither of the same kind nor part of the same transaction, thus invalidating the joint trial. The trial court was instructed to expedite the proceedings on a day-to-day basis, ensuring justice for the accused who had been in custody for a prolonged period.
Summary In this significant case from the Peshawar High Court, the court addressed the legal intricacies surrounding the alteration of charges under the Criminal Procedure Code. The case involved two FIRs that were attempted to be consolidated for joint trial, which the court found to violate legal provisions. The court underscored the necessity of maintaining separate charges for distinct offences to uphold the integrity of the legal process. It ruled that the prosecution's application for altering the consolidated charge was rightly dismissed by the trial court, as both incidents were separate in nature and not committed in the course of the same transaction. This decision reinforces the importance of adhering to procedural norms in criminal proceedings and of ensuring that defendants receive fair trials based on the specific circumstances of their cases. The ruling is expected to have broader implications for future cases involving the consolidation of charges.
Court Peshawar High Court
Entities Involved Not available
Judges LAL, JAN KHATTAK, JUSTICE, MUHAMMAD NAEEM ANWAR, JUSTICE
Lawyers Muhammad Nisar Khan, A.A.G. for the State, Abdul Lateef Afridi for Respondents Nos. 1, 3 and 4, Farmanullah Sailab for Respondent No. 2, Muhammad Saeed Khan for Respondent No. 5
Petitioners STATE THROUGH ADVOCATE GENERAL, KHYBER PAKHTUNKHWA, PESHAWAR
Respondents SAEED KHAN AND 6 OTHERS
Citations 2021 SLD 1330 = 2021 PCRLJ 608
Other Citations PLD 2003 SC 891
Laws Involved Criminal Procedure Code (V of 1898)
Sections 227, 233, 234, 235, 239