-Application for addition of offences u/S. 376/511, PPC was allowed by the judicial magistrate. But in revision, the learned additional session judge directed to the learned judicial magistrate to proceed u/S. 354, PPC--

 PLJ 2022 Cr.C. 881

Criminal Procedure Code, 1898 (V of 1898)--

----Ss. 346/347 & 561-A--Pakistan Penal Code, (XLV of 1860),
Ss. 376/511/354/337-A(i)/337-L(ii)/148/149--Jurisdiction of Court--Application for addition of offences u/S. 376/511, PPC was allowed by the judicial magistrate. But in revision, the learned additional session judge directed to the learned judicial magistrate to proceed u/S. 354, PPC--Tentative assessment does not interfere for building an opinion later by the trial Court if some evidence is made available in the form of deposition of witnesses--If such a situation arises, petitioner can repeat application before the learned Judicial Magistrate asking him to add offences under Section 376 and 511, PPC in the case--Judicial Magistrate from the material then available to him if feels that offences apparently attracted, he while exercising powers u/S. 346 and 347 of Cr.P.C. can send reference to the Sessions Judge with his recommendation that case ought or should be tried by the Court of Sessions--Petition disposed of.

                                                                           [Pp. 882 & 883] A & B

Kh. Qaiser Butt, Advocate for Petitioner.

Mr. Hassan Mehmood Khan Tareen. DPG for State.

Mr. Abdur Rehman Tariq Khand, Advocate for Respondents No. 4 to 7.

Date of hearing 2.3.2022

 PLJ 2022 Cr.C. 881
[Lahore High Court, Multan Bench]
Present: Muhammad Amjad Rafiq, J.
MUHAMMAD BOOTA--Petitoiner
versus
STATE etc.--Respondents
Crl. Misc. No. 1389-M of 2019, decided on 2.3.2022.

Order

Through this petition, petitioner has assailed order dated 13.2.2019 whereby the learned Additional Sessions Judge, Chichawatni, District Sahiwal has set aside the order of the learned Magistrate dated 23.1.2019. Petitioner has moved an application before the learned Judicial Magistrate, Chichawatni, District Sahiwal for addition of offences under Sections 376 and 511, PPC in the trial of case FIRNo. 223/2017, dated 04.6.2017 under Sections 354, 337-A(i), 337-L(2), 148 and 149, PPC registered at Police Station Saddar Chichawatni, District Sahiwal. Such application was allowed by the learned Judicial Magistrate vide order cited above. Such order was overturned by the learned Additional Sessions Judge, Chichawatni, District Sahiwal and directed the learned Judicial Magistrate to proceed with the case under Section 354, PPC.

2. Learned counsel for the petitioner contends that from the bare reading of FIR and other material, it is clear that offence of attempt to commit murder is made out and it was incumbent upon the learned Additional Sessions Judge to give respect to the order of the learned Judicial Magistrate.

3.  Arguments heard record perused.

4. As tentative assessment has been made by the learned Additional Sessions Judge on the basis of available material, therefore, this tentative assessment does not interfere for building an opinion later by the learned trial Court if some evidence is made available in the form of deposition of witnesses. If such a situation arises, petitioner can repeat application before the learned Judicial Magistrate asking him to add offences under Sections 376 and 511, PPC in the case. Learned Judicial Magistrate from the material then available to him if feels that offences apparently attracted, he while exercising powers under Sections 346 and 347 of Cr.P.C. can send reference to the learned Sessions Judge with his recommendation that case ought or should be tried by the Court of Sessions because in that eventuality the case under Section 376 read with Section 511, PPC becomes triable by the Court of Sessions.

5. With this observation, this petition is disposed of.

(M.I.)   Petiton disposed of