APPLICATION UNDER SECTION 227 OF CR.P.C FOR ADDITION IN CHARGE

IN THE COURT OF JUDICIAL MAGISTRATE  SOUTH AT KARACHI

Case No. 169 /2010

The State ………………… V/S ………    S Ren & Ors.

M. T. Gull.              …………..    Applicant / Complainant.

FIR NO. 384/2010

U/S:420/468/471/419/406/506/504/109/34 PPC,

P.S. T. Sultan

APPLICATION UNDER SECTION 227 OF CR.P.C

Most humbly it is prayed on behalf of above named applicant / complainant that this honorable court may graciously be pleased to order for including offences or addition of offences in framing of charge as by the evidence recorded during the course of trial, the offences U/S; 406 PPC & 506-B PPC are made out. It is a fact that FIR was lodged mainly in these / more aggravated offences, but due to fraudulent opinion of I.O in Challan, proposed addition of offenses could not be included in charge sheet. Though opinion of I.O is not binding upon court and from the perusal of evidences recorded during subject trail, it is just & proper in the interest of justice to include offences U/S; 406 PPC & 506-B PPC with addition in framing of charge.

                                                          Prayed accordingly

Karachi:

Dated:                                   ADVOCATE FOR COMPLAINANT

IN THE COURT OF ANTI TERRORISM COURT NO. VI, KARACHI

Spl. Case No. B-       /2015

Spl. Case No. B-       /2015

The State ……………… V/S …………………… Amir Khan @ Totla

FIR NO. 61/2015

U/S 4/5 EXPL ACT,

23(1) A of SAA

P.S. AZIZABAD

APPLICATION UNDER SECTION 233 OF CR.P.C

FACTS:-

Briefly stated facts of the cases are that a raid was conducted on 90 Head Quarters of MQM (A) by Pakistan Rangers (Sindh) and during the raid two raiding parties one headed by Inspector Latif of Sachal Rangers 73 Wing alongwith his subordinate staff apprehended 14 accused persons who were possessing illegal Arms and Avon Bombs. They were arrested accordingly to law, recovered weapons were seized there and Mashirnama of all the 14 accused persons were made at the spot and the same were readover to mashirs, which they signed at the spot, and other raiding party which was headed by Sub Inspector Kinghar Khan apprehended 12 accused persons, who were also in possession of illegal weapons and Avon bombs, all the accused persons were arrested according to law, and the recovered weapons were seized at the spot there and Mashirnama of all the 12 accused persons were made at the spot and the same were readover to mashirs, which they signed at the spot. That all 26 accused persons were brought to police station Azizabad, where they were handed over to police and 26 FIRs U/S 23 (1) A and U/S 4/5Explosive Substance Act 1908 against each accused were registered. After the investigation they were challaned before the relevant court of law and after administrative transfer all the cases were transferred to this Hon’ble Court.

Count’s…………P/2

                                                - 2 -

G R O U N D S

1-      That it is averred that all FIRs are registered under section 23 (1) A of Sindh Arms Act 2013 and under section 4/5 of Explosive Substance Act 1908.

2-      That the formal sanction under section 9 of the Explosive Substance Act 1908 have been received and has been placed in the court file.

3-      That the copies of the cases have been supplied to accused persons in terms of section 265 (c) and now all the cases are at the stage of framing of charge.

4-      That it is evident from the bare reading of the FIRs that each accused person has committed distinct offence as such all accused persons were found in possession of illegal arms and Avon bombs and as such a separate charge needs to be framed against each accused and to be tried separately.

5-      That the offences for which accused persons were arrested, investigated and charge sheet U/S 173 Cr.P.C, there should be a separate trial for each FIR according to the circumstances of the case. There must be a separate charge U/S 233 Cr.P.C by the trial court for each FIR.

6-      That it is further averred that evidence needs to be recorded separately for each case and a separate judgment needs to be passed.

7-      That the applicant carves the leave of this court further grounds at the time of hearing of this application.

8-      That majority of the accused have engaged their counsels. If the cases are tried jointly then the case would not be decided earlier as unless counsel for all accused are present, the case can not be proceeded on merit.

Count’s…………P/3

                                                - 3 -

9-      That the aforesaid cases have been assigned to 4 x different prosecutors, therefore, it would not be practically possible for the prosecutor to try the said cases jointly before the Hon’ble Court.

10-    That under the law, evidence of 1 x case can not be read as evidence in another case and if the case are tried jointly of different accused, there is possibility that Appellant Court may remand the case to this Hon’ble Court for trial of each case separately, hence joint trial may be a futile exercise.

                                                P R A Y E R

In the light of aforesaid grounds and submissions, it is humbly prayed that this Hon’ble Court may very graciously be pleased to frame Charge and record evidence separately in the cases of each accused.

                   Prayed is made in the interest of justice.

Karachi:

Dated:                                                       Special Public Prosecutor

IN THE COURT OF ANTI TERRORISM COURT NO. VI, KARACHI

Spl. Case No. B-       /2015

Spl. Case No. B-       /2015

The State ……………… V/S …………………… M. Naeem @ Guddu

FIR NO. 73/2015

U/S 4/5 EXPL ACT,

23(1) A of SAA

P.S. AZIZABAD

APPLICATION UNDER SECTION 233 OF CR.P.C

FACTS:-

Briefly stated facts of the cases are that a raid was conducted on 90 Head Quarters of MQM (A) by Pakistan Rangers (Sindh) and during the raid two raiding parties one headed by Inspector Latif of Sachal Rangers 73 Wing alongwith his subordinate staff apprehended 14 accused persons who were possessing illegal Arms and Avon Bombs. They were arrested accordingly to law, recovered weapons were seized there and Mashirnama of all the 14 accused persons were made at the spot and the same were readover to mashirs, which they signed at the spot, and other raiding party which was headed by Sub Inspector Kinghar Khan apprehended 12 accused persons, who were also in possession of illegal weapons and Avon bombs, all the accused persons were arrested according to law, and the recovered weapons were seized at the spot there and Mashirnama of all the 12 accused persons were made at the spot and the same were readover to mashirs, which they signed at the spot. That all 26 accused persons were brought to police station Azizabad, where they were handed over to police and 26 FIRs U/S 23 (1) A and U/S 4/5Explosive Substance Act 1908 against each accused were registered. After the investigation they were challaned before the relevant court of law and after administrative transfer all the cases were transferred to this Hon’ble Court.

Count’s…………P/2

                                                - 2 -

G R O U N D S

1-      That it is averred that all FIRs are registered under section 23 (1) A of Sindh Arms Act 2013 and under section 4/5 of Explosive Substance Act 1908.

2-      That the formal sanction under section 9 of the Explosive Substance Act 1908 have been received and has been placed in the court file.

3-      That the copies of the cases have been supplied to accused persons in terms of section 265 (c) and now all the cases are at the stage of framing of charge.

4-      That it is evident from the bare reading of the FIRs that each accused person has committed distinct offence as such all accused persons were found in possession of illegal arms and Avon bombs and as such a separate charge needs to be framed against each accused and to be tried separately.

5-      That the offences for which accused persons were arrested, investigated and charge sheet U/S 173 Cr.P.C, there should be a separate trial for each FIR according to the circumstances of the case. There must be a separate charge U/S 233 Cr.P.C by the trial court for each FIR.

6-      That it is further averred that evidence needs to be recorded separately for each case and a separate judgment needs to be passed.

7-      That the applicant carves the leave of this court further grounds at the time of hearing of this application.

8-      That majority of the accused have engaged their counsels. If the cases are tried jointly then the case would not be decided earlier as unless counsel for all accused are present, the case can not be proceeded on merit.

Count’s…………P/3

                                                - 3 -

9-      That the aforesaid cases have been assigned to 4 x different prosecutors, therefore, it would not be practically possible for the prosecutor to try the said cases jointly before the Hon’ble Court.

10-    That under the law, evidence of 1 x case can not be read as evidence in another case and if the case are tried jointly of different accused, there is possibility that Appellant Court may remand the case to this Hon’ble Court for trial of each case separately, hence joint trial may be a futile exercise.

                                                P R A Y E R

In the light of aforesaid grounds and submissions, it is humbly prayed that this Hon’ble Court may very graciously be pleased to frame Charge and record evidence separately in the cases of each accused.

                   Prayed is made in the interest of justice.

Karachi:

Dated:                                                       Special Public Prosecutor