#Case Law #AZIZULLAH_KHAN_CASE on No ground being available to interfere into the #observation_made_by_the_Public_Prosecutor #Art-199_Constitution

2013 PCrLJ 1411

AZIZULLAH KHAN CASE

No ground being available to interfere in to the observation made by the Public Prosecutor

S. 9---Penal Code (XLV of 1860), Ss. 324/34---Constitution of Pakistan, Art.199---Attempt to commit qatl- e-amd and common intention---Constitutional petition---Powers and functions of Public Prosecutor---Initial F.I.R. in the case was registered under S.324, P.P.C., but Investigating Officer during investigation opined that offence under Ss.337-F(v), 337-A(i), 337-L(2) & 337-H(2) was made out and deleted the offence under S.324, P.P.C.---When challan of the case was submitted before Public Prosecutor for scrutiny purposes, he observed that prima facie from the facts and circumstances of the case, offence under S.324, P.P.C. was made out, and remarked that no ground was available with the Investigating Officer for deletion of offence under S.324, P.P.C.---Petitioner/accused had challenged the legality and propriety of said remarks of Public Prosecutor---Powers and functions of the Prosecutor had been provided under S.9 of the Punjab Criminal Service (Constitution, Functions and Powers) Act, 2006; and under provisions of S.9(5)(a) of said Act, the prosecutor was authorized to scrutinize the report and to return the same within three days to the Officer Incharge of Police Station or Investigating Officer, if he would find the same to be defective, for removal of such defects as would be identified by him---Challan of the case had already been submitted in the Trial Court and charge had already been framed--Remarks of Public Prosecutor at that stage, itself were not a direction, but an observation and in the light of the earlier registration of the case under S.324, P.P.C., had no material bearing on the case; nor it would constitute any direction for addition of offence under S.324, P.P.C. as agitated by the counsel for the petitioner---Trial Court had charged accused under S.324, P.P.C. and accused had pleaded not guilty; and case was at the stage of recording of evidence---Objection raised by the counsel for accused at such stage had no force---No ground being available to interfere into the observation made by the Public Prosecutor, constitutional petition filed by accused, was dismissed, in circumstances. 2013 PCrLJ 1411 LAHORE-HIGH-COURT-LAHORE : AZIZULLAH KHAN CASE