2
Crl.P. No. 225 of 2023
Ministry of Interior (“Secretary”) and conveyed the same to the
Magistrate who registered an FIR bearing No. 691 under sections
120-B, 121-A, 124, 131, 153, 153-A, 505, 506, 201, and 109/34 of
the Pakistan Penal Code (“PPC”) on 09.08.2022 at Police Station
Kohsar, Islamabad against Shahbaz Gill (“main accused”) and
other
unknown
persons.
The
petitioner
was
subsequently
implicated in the case during the investigation, on the pretext that
as Director, ARY News Desk at Karachi, he conspired with the
main accused for the commission of the alleged offences. After
conclusion of the investigation, a report under section 173 of the
Code of Criminal Procedure (“Code”) was submitted before the
Court of the Additional Sessions Judge, Islamabad (West) (“Trial
Court”). Before the Trial Court could frame the charge, the
petitioner filed an application under section 265-D of the Code,
alleging therein that the Trial Court could not take cognizance of
the matter nor is there any material to frame of charge against
him, therefore, requested for his acquittal. The application was
dismissed by the Trial Court vide order dated 12.12.2022. A
Criminal
Revision
filed
thereagainst
by
the
petitioner
was
dismissed by the Islamabad High Court, Islamabad (“High Court”),
through the impugned judgment dated 14.02.2023, hence, this
petition for leave to appeal.
2.
Arguments heard and have perused the record. In our
criminal justice system, the provisions of Chapter XXII-A of the
Code are mandatory in nature, which provide a procedure for the
Courts to ensure a just and fair trial for the accused, the
prosecution as well as the complainant, therefore, the same must
be complied with in their true letter and spirit. One of the
provisions of the said chapter is section 265-D, which casts a duty
upon the Trial Court to frame a charge. A charge is a gist and
precise statement of the allegation(s) made against a person(s),
which is the foundation of a criminal trial. It specifies the offence
with which an accused is charged, by giving a specific name, if
any, and the relevant provision(s) of law(s). Section 265-D provides
that before framing of a charge, the Court must consider the FIR,