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Criminal Petition, decided on 3rd June 1950.
S. 202‑Magistrate can ask for report of police‑But Magistrate cannot direct Police to chalan.
A I R 1932 Lah. 539 ; A I R 1931 Mad. 770 referred to.
Section 202 of the Criminal Procedure Code empowers the Magistrate to send the, complaint for further investigation to the police but for report and report alone. He could not direct the police to send a chalan to his Court after the investigation. The powers of the police to send a chalan are independent under section 156 of the Criminal Procedure Code and could not be controlled by the Magistrate.
A complaint under section 347 and 376 Pakistan Penal Code was made by Kist. Sardar Begum against Muhammad Shafi. Ramzan, Ghulam Muhammad and Qazi Muhammad Hussain in the Court of Mr. Zakir Hussain, Magistrate, 1st Class with section 30 powers. The Magistrate recorded the statement of Mst'. Sardar Begum and thus took cognizance of the case and sent it to the police for investigation and to submit a chalan to the Court. This order is now challenged by the petitioners in this Court under section 561‑A of the Criminal Procedure Code. The contention of the petitioners is that the Magistrate was incompetent to send the case to the police for investigation after he had taker cognizance of it by examining 161st. Sardar Begum. He ought to have recorded the evidence of the complainant in the Court if he needed further enquiry in the complaint and have proceeded according to law.
There is no denial of the fact that section 202 of the Criminal Procedure Code empowered tire Magistrate to send the complaint for further investigation to the police but for report and report alone. He could not direct the police to send a chalan to his Court after the investigation. The powers of the police to send a chalan are independent under section 156 of the Criminal Procedure Code and could not be controlled by the Magistrate. The police, if they liked could chalan the case themselves but the Magistrate could not direct the police to' submit a charge‑sheet against the accused. He could only ask the police to submit the report to him after investigation. See in this connection 1932 L 539 and 1931 Mad. 770. The order of the Magistrate therefore shall stand amended only to this extent, that the police shall submit only a report to him and not a charge sheet as directed by the Magistrate in his order, dated 19th May 1950. This order however. would not control the independent powers: of the, police under section 156 of the Criminal Procedure Code: J had called the G. A. for the Crown and he agreed with this proposition of law.
K.M.A. Petition accepted:
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