Syed MAQBOOL SHAH vs State Ss — 2021 YLR 1517 PESHAWAR-HIGH-COURT

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Syed MAQBOOL SHAH VS State Ss. 173, 175 & 154---Report of police officer---Power to summon persons---Information in cognizable cases---Scope---Section 173, Cr.P.C. provides that every investigation shall be completed without unnecessary delay and as soon as it is completed, the Officer Incharge of the Police Station shall through the Public Prosecutor forward to a Magistrate empowered to take cognizance of the offence on a police report, a report, in the form prescribed by the Provincial Government, setting forth the names of the parties, the nature of the information and the names of the persons who appear to be acquainted with the circumstances of the case and stating whether the accused (if arrested) has been forwarded in custody or has been released on his bond, if so, whether with or without sureties---First proviso to S.173, Cr.P.C., provides that where investigation is not completed within a period of fourteen days from the date of recording of the First Information Report under S.154, Cr.P.C., the Officer Incharge of the Police Station shall, within three days of the expiration of such period, forward to the Magistrate through the Public Prosecutor, an interim report in the form prescribed by the Provincial Government, stating therein the result of the investigation made until then and the court shall commence the trial on the basis of such interim report, unless, for reasons to be recorded, the court decides that the trial should not so commence---Section 175(5), Cr.P.C. provides that where the Officer Incharge of a Police Station forwards report under subsection (1) he shall along with the report produce the witnesses in the case, except the public servants, and the Magistrate shall bind such witnesses for appearance before him or some other Court on the date fixed for trial.

Syed MAQBOOL SHAH vs State Ss — 2021 YLR 1517 PESHAWAR-HIGH-COURT

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