Скачать или смотреть What is a challan and how many columns does it have?Police report under sec, 173crpc Challan

What is a challan and how many columns does it have?Police report under sec, 173crpc Challan
Police Report u/S. 173 Cr. P.C is only an information of the Police Officer and it is not admissible in evidence. Presumption of innocence of the accused involved in the case is not diminished by the mere fact that case has been sent up for trial or that particular witness or person had formed opinion against the accused. 1993 SCMR 550, Syed Saeed Muhammad Shah.

Challan not submitted in Court within 14 plus 3 days of the arrest of the accused. (See Section 173(1)(b) Cr.P.C.). Challan produced after 34 days of the arrest of the accused. Held, it is clear violation of sec. 173 (1) (b) Cr.P.C In case investigation is not completed within 14 days from the recording of the FIR, officer incharge of police station is mandatorily required to submit an incomplete challan within 3 days of the expiration of such period of 14 days. This provision when not only not complied with but is contravened, held, appellant had remained in unlawful custody with police and was so at the time he was sent up for trial before Court; thus, entire proceedings stand vitiated. Appeal allowed. In this case the accused was arrested on 14-6-93 but challan was produced in Court on 18-7-93 which is 34 days after the arrest of the accused appellant. This is violation of sec. 173 (1) (b) Cr.P.C which is mandatory provision of law. (D.B) PLJ 1995 Cr.C (Kar) 420, Mooso.

Complete and incomplete challan: The assumption that a separate complete challan has to be submitted after an incomplete one has been submitted is not correct. Parties to the case have no legal right to insist on re-investigation of a case. (DB) 1976 Lah. 574 Muhammad Khan etc. v. I.G. Police.

Incomplete Challan: Separate complete challan has to be submitted after an incomplete challan has been submitted to the Court is not correct. (DB) PLD 1976 Lah. 574. Muhammad Khan v. I.G. Police.

Incomplete Challan. If the magistrate starts the trial on an incomplete challan he takes cognizance of the case, if he waits for the complete challan he does not take cognizance. (FB) PLD 1962 Lah. 405. Wazir.

Complete or incomplete Challan, no distinction. Court can proceed on an incomplete challan (FB) PLJ 1978 Cr.C. (Lah.) 234. State v. Z.A. Bhutto PLD 1978 Lah. 523

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