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CHALLAN, POLICE REPORT AND DISCHARGE

CHALLAN, POLICE REPORT AND DISCHARGE
[Section 173,
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.
Incomplete or interim challan (Namukamil challan): There is no such thing as interim challan or interim charge-sheet in law. The prevailing practice of sending charge-sheet describing it as interim challan to satisfy form of law in not warranted by law. 1974 P.Cr. LJ 231 Noor Dad etc.
Fresh challan or second challan or report under section 173, Cr.P.C.: A report under section 173 Cr. P.C. to the Court is no bar to fresh investigation and second report. (DB) PLD 1965 Lah. 734 Atta Muhammad v. I.G. Police (SC) 1972 SCMR 335 Muhammad Akbar.
Fresh report under section 173, Cr.P.C Nothing in Criminal Procedure Code debars a police investigating officer from submitting a fresh report in supersession of his earlier one either on his own initiative or on the direction of superior police officer. (SC) 1972 SCMR 335 Muhammad Akbar.
(Decided by four Judges on 22-6-72 in Cr.A.No (18 of 1972). Contra: See below (PLD 1971 SC 324) three Judges decided on 15-2-1971 in Cr.A. No 226 of 1970).
Interim challan not put in Court within time u/S. 173 Cr.P.C. held, detention of petitioner in jail after 14 days had become unlawful and violative of Articles 9 & 10 of the Constitution. Petitioner's continuous detention for offences u/Ss. 10 & 16 of Offence of Zina Ordinance was unlawful. Bail allowed. PLJ 1997 Cr.C. (Lah.) 1045, Muhammad Aslam. Also see (DB) PLJ 1995 Cr.C. (Kar.) 420, Mooso.
"Interim supplementary challan", there is no provision in law for submitting of "interim supplementary challan", Challan so submitted to be treated as final challan for all legal intents and purposes. PLD 1999 Kar. 121 Muhammad Hanif Pathan.
Challan after reinvestigation ordered to be sent to Court, although a challan had already been sent to

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