' KHAWAJA MUHAMMAD SHARIF, J.---In continuation of my order dated 20-12-2005, learned counsel for the petitioner submits that learned Additional Sessions Judge with power of justice of peace has no authority to direct the police to add or delete any offence during the course of investigation.
He has relied upon Khizer Hayat and others v. Inspec Or General of Police (PLD 2005 Lahore 470), relevant headnote-X pages 480 and 481.
2. On the other learned counsel for respondent No,2 submits that learned Additional Sessions Judge who is also justice of peace is competent to direct the police to add or delete any offence on the application of any of the party because learned Additional Sessions Judge is competent to hear the case; that from bare perusal of F.I.R. Offence under section 354-A, P.P.C. And offence under section 18 of the Offence of Zina (Enforcement of Hudood) Ordinance, VII of 1979 are made out and no illegality has been committed by learned Additional Sessions Judge.
3. Learned Additional Advocate-General submits that Additional Sessions Judge having power of justice of peace has no authority to direct the police to add or delete any offence. It is prerogative of police after recording F.I.R., statements of witnesses recorded user section 161, Cr.P.C. And other material available on record to add or delete the offence.
4. I have heard learned counsel for the parties. I have gone through the judgment cited by learned counsel for the petitioner. In fact it is only prerogative of learned trial Court at the time of framing of charge, can add or delete any offence if it is made out or otherwise. From the perusal of F.I.R., report under section 173, Cr.P.C. And other material available on record, both the parties have right to address the arguments at the time of framing of charge. I am in agreement with the learned counsel for the petitioner and learned Additional A.-G. That learned Additional Sessions Judge having power of justice of peace has no authority to direct the police to add or delete any offence.
Learned counsel for the petitioner has rightly relied upon judgment of Full Bench of this Court, reported in PLD 2005 Lahore 470 relevant head-note at pages 480-481. In this view of the matter, this petition is accepted and impugned order is set aside.