MUHAMMAD SHARIF alias SHARIF vs THE STATE
This matter arises from an application filed under the Supreme Court Rules, 1980, seeking corrections in the description of the petitioner in the Court's order dated 4-11-1997. The core legal question concerned the correct identity and aliases of the petitioner named in the criminal proceedings arising from F.I.R. No. 36 of 1994. Upon notice, the Assistant Advocate-General, Punjab, submitted a report detailing the names of the accused challaned under Section 173 of the Code of Criminal Procedure, 1898, which clarified that the petitioner's actual name and aliases in the police record were Muhammad Latif alias Muhammad Sharif son of Abdul Majeed. The Court held that the description of the petitioner ought to be accurately reflected in its previous order. The key principle laid down is that typographical or descriptive errors regarding the identity of an accused in court orders can be corrected based on official police records and challan reports.
- Can corrections be made to a court's order regarding the description and alias of a petitioner?
- How is the correct identity of an accused determined from the police record and challan report?
- What is the procedure for incorporating accurate particulars of an accused under the Supreme Court Rules?
- Order XXXIII Rule 6, Supreme Court Rules 1980
- Section 173, Code of Criminal Procedure 1898
' CH. MUHAMMAD ARIF, J.---Through this application corrections are sought to be made in this Court's order, dated 4-11-1997, in relation to the description of petitioner-' Muhammad Sharif alias Sharif'. The petition is titled as "Petition under order XXXIII, Rule 6 of the Supreme Court Rules, 1980 for incorporation of Muhammad Sharif @ Latif alias Mullan". On 9-2-1997, notice was issued to the Advocate-General, Punjab for today. He took some time out and after obtaining necessary particulars of the accused in case F.I.R. No,36 of 1994 from the office of the trial Court has submitted a write-up indicating the name of all the accused who have been challaned therein. This write-up is couched in the following words:-- ' "In the F.I.R. No,36 of 1994, lodged by Muhammad Anwar complainant the following persons have been named as:--
(1) Muhammad Anwar alias Boddi, armed with Khanjar.
(2) Muhammad Latif alias Mullan, armed with .12 bore gun son of Abdul Majeed.
(3) Muhammad Ramzan son of Rehmat, armed with carbine. (4Y Muhammad Sabir son of Muhammad Ashraf, armed with Khanjar.
(5) Allah Rakha son of Muhammad Nazir, armed with .12 bore gun.
(6) Munawar son of Rehmat Ali, armed with rifle.
(7) Ruqia Bibi alias Jiyan wife of Muhammad Rafique, armed with iron Datar.
' THE ROLE ATTRIBUTED TO MR. LATIF ALIAS MULLAN is that he fired with .12 bore gun which hit Ashraf Ali, injured P.W., on his right arm. (Photocopy of the statement of the complainant which may basis of F.I.R., is attached).
' In the report under section 173, Cr.P.C. Following persons have been challaned:--
(1) Mst. Ruqia Bibi widow of M. Rafique.
(2) Muhammad Anwar son of Rehmat Ali.
(3) Munawar Hussain son of Rehmat Ali.
(4) Muhammad Sabir son of Muhammad Ashraf.
(5) Allah Rakha son of Nazir.
(6) Muhammad Latif alias Muhammad Sharif son of Abdul Majeed.
(7) Muhammad Ramzan son of Rehmat Ali (Copy of the Challan is attached).
' From the police record it seems that there is no accused by the name of Muhammad Sharif alias Sharif. The original name of the petitioner before this Hon'ble Court seems to be Muhammad Latif alias Mullan alias Muhammad Sharif.
(Sd.)
(Ch. Muhammad Bashir), Assistant Advocate-General, Punjab; Lahore."
2. The description of the petitioner "as Muhammad Latif alias Muhammad Sharif son of Abdul Majeed" is directed to be reflected in this Court's order, dated 4-11-1997 made in Criminal Petition No,199-L of 1997.
3. In the above terms the instant application stands disposed of.