RASOOL KHAN vs SAIF UR REHMAN Ss — 2021 MLD 745 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 MLD 745 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: MLD
Parties: RASOOL KHAN vs SAIF UR REHMAN Ss
Subject matter: Criminal
Provisions referred to: S. 169; S. 173; S. 190; Penal Code (XLV of 1860)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

RASOOL KHAN VS SAIF UR REHMAN Ss.169, 173 & 190(2)---Penal Code (XLV of 1860), Ss. 302 & 324---Investigation report---Name in column No.2---Complainant was aggrieved of placing name of respondents / accused persons in column No. 2 of investigation Report submitted by investigating officer in case of qatl-i-amd and attempt to commit qatl-i-amd---Validity---Police had placed names of respondents / accused persons in column No.2 on account of deficient evidence however they were not discharged under S.169, Cr.P.C. by the concerned Police Official (SHO)---Report under S.173, Cr.P.C. was placed before Magistrate concerned who in view of S.190(2), Cr.P.C. would send the case before Court of Session--- Court of Session would take cognizance of offence and once cognizance was taken up in offence, then Court of Session could issue process against any person prima facie found concerned in commission of offence, notwithstanding the fact that such person was exonerated or his name was not mentioned in police report, or was placed in column No.2 of the report---High Court declined to interfere in investigation report as the same was premature---Constitutional petition was dismissed, in circumstances.

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