| Case ID |
d6477175-164b-4044-a18a-a9acb08cf330 |
| Body |
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| 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
|