Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 561-A--Quashment of proceedings--Duty of Investigating Officer--Placing names of respondents in Column No. 3 and that placement of names of accused/respondents in Column No. 2 may be declared against norms of legal and natural justice--Investigating Officer cannot act as a Court and it is not his function to release a person u/S. 169 Cr.P.C. when there is material for and against--But this would in no way effect his powers to prepare a final report and give his opinion about culpability or otherwise of accused and then to place him in Column Nos. 2 & 3--Such opinion is not binding on Court--It is sole prerogative of investigating officer to put name of an accused person in Column No. 2 or 3, subject of course as a result of his investigation which cannot be un-done by any judicial forum or by superior officer of his department or by public prosecutor or inspector legal etc. neither under Cr.P.C. N.W.F.P. Prosecution Service Act, 2005 nor under Police Order 2002--Same can be un-done, if before submission of challan to Court of competent jurisdiction, case is re-investigated in accordance with law--As a result of such re-investigation by any other officer earlier final report is dissented to and it is found that names of accused which are placed in Column No. 2 should be placed in Column No. 3--Investigation Officer is not suppose to follow version of complainant blindly--He is duty bound to probe into plea of accused as well for which no application is required--Opinion of police is not so much relevant nor having any influence upon Court--Magistrate while taking cognizance has to form his own opinion on basis of material/evidence placed before him in shape of complete challan--He is competent to try accused placed in Column No. 2 or to send them for trial--Court may summon any person, after taking cognizance, whether shown in Column No. 2 or even if not shown in challan but if Court is of opinion that he has nexus with offence--Investigating officer has not been left unchecked--Procedure of checking is laid down in S. 5(c) of N.W.F.P. Prosecution Service (Constitution Functions and Powers) Act, 2005 and…

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