AIMAL KHAN KAKAR
Report of Police Officer (Challan) – Section 173 Cr.PC
Submission of Report Under section 173
Under the Criminal Administration of Justice and Code of Criminal
Procedure, a criminal case is initiated on filing of FIR. After registration of the
FIR, the Police officer starts investigation for collecting the evidence. When
the evidence is collected and investigation is completed, the investigating
officer then is required to submit report under section 173 Cr.PC to the
concerned Magistrate.
If the Investigating Officer finds that there is no sufficient evidence collected
against the accused, then he has to release the accused as provided under
section 169 of the Code. If he finds that there is sufficient evidence against
the accused, then he is required to submit the report within meaning of
Section 170 Cr.PC. In both the cases the Police Officer is required to submit
a police report or challan as provided under section 173 Cr.PC in the form
provided by the Provincial Government containing various columns.
Investigating officer to submit report within 14 days after registration of
challan.
Columns in the Police Report
Column no. 1: Name, address and Occupation of the Complainant or
Informant.
Column no. 2: Name and address of the accused persons not sent up for trial
whether arrested or not arrested including absconders.
Column no. 3 and 4: Names and Addresses of Accused Persons sent for trial.
Column no. 3 contains accused persons in custody while column no. 4
contains accused person on bail
Column no. 5: Details of the property recovered during investigation.
Column no. 6: Name and addresses of the Prosecution Witnesses
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Column no. 7: A statement of the facts of the case along with the opinion of
the Investigating Officer and the offences which in the opinion of the Police
have been committed. Or
Charge or information, name and offence and circumstances connected with
it, in concise detail, and under what section of law the accused persons have
been charged with.
Interim Challan
For interim report under section 173 Cr. Pc, the term incomplete challan is
used. (2013 PCrLJ 987)
Where investigation is not completed within a period of fourteen days from
the date of lodging FIR, the in-charge of the Police Station is required to
forward to Magistrate the report within 3 days of the expiration of such period
of 14 days.
Where certain witnesses are missing or certain legal formalities ignored, an
interim challan is submitted and the same can always be added subsequently.
(PLD 2009 Lahore 101).
Complete Challan
A complete challan has to be submitted by the concerned police official after
complete investigation with complete facts of the case, the offences the
prosecution intends to prove against the accused persons, the full and final
list of witnesses in the case.
Duty of Police
Section 173, Cr.PC places a mandatory duty upon the Investigating Officer to
place all detailed materials, both oral and documentary, before the Magistrate,
so that he may consider the same and decide for himself whether it is a fit
case for taking cognizance or not.
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IN THE COURT OF LEARNED SESSIONS JUDGE, QUETTA.
Sarwar Kakar son of Khair Muhammad Kakar,
Caste Kakar, resident of House no. B-56, Faqeer
Muhammad Road, Quetta.
Presently confined in District Jail, Quetta. Applicant.
Versus.
The State. Respondent.
CASE FIR No. 104 OF 2003, U/S 302, 324, 34 PPC, P.S. SARIAB, QUETTA.
APPLICATION U/S 173 CrP.C. FOR SUBMISSION OF CHALLAN.
The applicant respectfully submits as under: -
1. Brief facts to file the instant application are that the FIR no. 104 of 2003
was lodged by Muhammad Saleem under section 302, 324, 34 PPC.
(The copy of the FIR is annexed herewith for kind perusal of this
Honorable court as Annexure A).
2. That applicant along with other accused persons were convicted by the
Special Judge, Anti-Terrorism Court-I, Quetta, in absentia vide
judgment dated 06.07.2004.
3. That thereafter, the other accused persons namely Akbar Khan and
Shabir Jan filed an appeal before Hon’ble High Court of Balochistan.
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The Honorable High Court of Balochistan accepted the appeal and set
aside the judgement dated 06.07.2004 as such the matter was
remanded back to Special judge Anti-Terrorism Court-I, Quetta vide its
order dated 17.06.2018.
4. That during the pendency of the trial, the other accused persons moved
an application before learned special judge anti-terrorism for transfer
of case from Court of Anti-Terrorism to Court of Ordinary jurisdiction.
The said application was dismissed.
5. That other accused persons filed a petition before High Court of
Balochistan, Quetta, for setting aside the impugned order whereby the
application for transfer of case to court of ordinary jurisdiction was
allowed. The matter was then transferred back to this Honorable court.
6. That meanwhile the accused persons in the instant case moved an
application under section 345 Cr.P.C on the basis of compromise being
reached between accused persons and the legal heirs of the deceased.
7. That this Honorable court vide its order dated 01.01.2019 allowed the
application filed under section 345 Cr.PC, whereby this Honorable
court acquitted the accused persons namely Akbar Khan and Shabir
Jan.
8. That with regards to applicant/accused Sarwar Kakar, this Honorable
court ordered that case file be kept in dormant till arrest of absconding
accused Sarwar Kakar. (The copy of the order is annexed herewith for
kind perusal of this Honorable court as Annexure C).
9. That the applicant/accused is now been arrested and is currently
confined in District Jail, Quetta.
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10. That the Investigating officer in the instant case was required to
submit challan within a period of fourteen days to the extent of
accused/applicant after his arrest as provided under the law but
despite the lapse of two weeks the investigating officer has failed to
submit challan before this Honorable court, hence the instant
application.
In these peculiar circumstances, It is, therefore, respectfully
prayed, that investigating officer of case FIR No. 104 of 2003 of Police
Station Sariab, Quetta, be directed to submit challan forthwith, in the
interest of justice, equity and fairplay.
Dated: ___/August/2020. APPLICANT
THROUGH
AIMAL KHAN KAKAR
ADVOCATE HIGH COURT
I hope this helps you.
Prepared by:
Aimal Khan Kakar
LLB (Hons) -Manchester, UK.
LLM - Cardiff, UK.
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