Muhammad Sharif @ Kalia vs ADJ/Ist MCTC Hyd & Others
This criminal revision application is directed against the trial court's order amalgamating the applicant's case with that of a co-accused for a de novo trial following a remand order by the High Court. The core legal question concerns the legality of amalgamating trials of co-accused persons. The court held that under Section 239(a) of the Code of Criminal Procedure 1898, persons accused of the same offence committed in the course of the same transaction may be charged and tried together to avoid conflicting judgments. Consequently, the trial court committed no legal error in amalgamating the cases. The key principle laid down is that joint trials of co-accused involved in the same transaction are sanctioned by law and serve to prevent conflicting judicial outcomes.
- Can the trial court amalgamate the cases of co-accused for a joint trial following an order of remand?
- Whether persons accused of the same offence committed in the course of the same transaction may be tried together under the Code of Criminal Procedure 1898?
- Section 239(a), Code of Criminal Procedure 1898
ORDER
The facts in brief necessary for disposal of instant revision application are that on hearing of Criminal Appeal No.D- 81 of 2019, filed by accused Zubair , the very case was remanded by this Court to learned Trial Court for denovo trial. On receipt of the remand order , learned Trial Court amalgamated the case of accused Zubair with that of co- accused Muhammad Ali and Muhammad Sharif alias Kalia vide order dated 23.11.2020, it is impugned by the applicant before this Court by making instant Criminal Revision Application.
2. It is contended by the learned counsel for the applicant that the case of the applicant was ripe for its disposal, therefore, it was not to have been amalgamated with the case of co-accused Zubair by learned Trial Court, such amalgamation being illegal is liable to be set-aside.
3. I have considered the above arguments and perused the record.
4. It is requirement of section 239 (a) Cr.P.C person (s) accused of same offence committed in course of same transaction may be charged and tried togetherly . This provision of Law has been introduced in Criminal Procedure Code by the legislature obviously to avoid conflict of Judgments. Learned Trial Court by amalgamating the case of the applicant with co-accused Zubair to be tried afresh by way of impugned order has followed the command of Law thereby has committed no wrong which could be made right by this Court by way of instant Criminal Revision Application, same being misconceived is dismissed in limine together with the pending applications revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.