Find a Lawyer

AHMAD NAWAZ versus THE STATE

After investigating the Pakistan Penal Code Sections 157, 169 and 173 of the Penal Code (XLV of 1860), section 302/34, the accused was found innocent and tried to expel the accused in their bonds. Yes, the magistrate disagreed with the police report and ordered the investigating officer to present a challan on the trial court. The magistrate, while agreeing to the discharge report, went beyond his jurisdiction to instruct police to investigate a criminal case and consequently to file a challan against the accused. There was no other option for the police to arrive and the dignity of the police at any conclusion about a crime or an innocent crime, which the magistrate could insist on in this case, was to submit to the investigating officer. Should be done. Report under clause 173, CCP incorporated the final opinion of the police on the basis of the receipt of the evidence. During the investigation the challan was neither alternative nor equivalent to any report under section 737373, CRPC. And that was only to be presented by the police where some of the accused were recommended to stand trial while the accused was not recommended to prosecute. In a criminal case, a report was to be submitted only under section 173, CR PC, with no challan. ask a advocate free from Cherat lawyer