27/04/2024
کسی بھی ملزم کو کسی بھی فوجداری کیس میں ٹرائل کورٹ چارج فریم کیے بغیر ڈسچارج کر سکتا ہے۔۔اس ڈسچارج کے لیے ضروری نہیں کہ چارج فریم کیا جاے گا۔۔۔بلکہ چارج فریم ہونے سے پہلے ہی عدالت ریکارڈ دیکھتے ہوے بندے کو دسچارج کر سکتا ہے۔۔
2021 M L D 1532
(a) Penal Code (XLV of 1860)---
----Ss.302(b) & 109---Criminal Procedure Code (V of 1898), S.265-D---Qatl-i-amd, abetment---Discharge of accused by the Trial Court before framing of charge---Scope---Accused, a lady, was charged for committing murder of brother of the complainant---Trial Court discharged the accused without framing of charge against her---She was only nominated for abetment in the commission of offence---Scope---Record showed that initially no one was charged for commission of offence in the FIR, however, subsequently, the complainant/petitioner nominated the accused/respondent along with co-accused in his supplementary statement recorded under S.164, Cr.P.C, after three days of initial report---Available record reflected that no source of satisfaction qua involvement of accused/respondent in the commission of the offence had been disclosed by the petitioner/complainant---Even no independent person had been examined by Investigating Agency, in whose presence the entire conspiracy qua murder of deceased/husband of accused/respondent was planned by respondent with the co-accused (brother of deceased)---Co-accused had already been murdered by unknown accused and an FIR to that extant had also been registered in the concerned Police Station---No direct or circumstantial evidence was available against present accused/respondent, which could connect her with the commission of offence---One friend of co-accused was examined during investigation under S.161, Cr.P.C, who disclosed that his pistol was demanded by co-accused, which he, as per his instructions, handed over to the accused/respondent---Mere handing over of pistol to the accused/respondent was not sufficient to link her with the commission of offence, particularly when the said pistol had not been recovered by the Investigation Officer during the course of investigation---Circumstances established that the conclusion so drawn by the Trial Court was in accordance with the spirit of S.265-D, Cr.P.C.---Trial Court had rightly discharged the accused from the groundless accusations, which were not sufficient to hold the accused guilty after carrying out a long and futile exercise of trial---Criminal revision petition was dismissed.
(b) Criminal Procedure Code (V of 1898)---
----S.265-D---Powers to examine record before framing of charge---Framing of charge is not an automatic process and the Trial Court is not supposed to act like a post office just to stamp on the ipse-dixit of police---If the material on record is not sufficient, then, the court may discharge the accused under S.265-D, Cr.P.C.
