Law: Criminal Procedure Code (V of 1898)

Section: 169,173,561A

Law: Pakistan Penal Code, 1860

Section: 380

(a) Criminal Procedure Code (V of 1898)--- ----S. 169---Penal Code (XLV of 1860), S. 380---Theft in dwelling house---Application for summoning of accused placed in column-No. 2 of challan to face trial---Contention of accused was that he was released under S. 169, Cr.P.C. on account of deficient evidence---Trial Court summoned the accused on application by prosecution---Validity---No application was required in the matter as Trial Court itself was competent to call any accused placed in column No. 2 of the challan, court takes the cognizance of the offence and not the offender. (b) Criminal Procedure Code (V of 1898)--- ----S. 169---Penal Code (XLV of 1860), S. 380---Theft in dwelling house---Summoning of accused placed in column No. 2 of challan to face trial---Accused contended that there was not an iota of evidence against him and he was released under S. 169, Cr.P.C. on account of deficient evidence---Accused's name was placed in column No. 2 of the challan---Trial Court summoned accused to face trial after accepting application moved by prosecution---Validity---If there was some incriminating evidence against accused placed in column No. 2 of the challan, Trial Court's powers to summon the said accused could not be curtailed. (c) Criminal Procedure Code (V of 1898)--- ----S. 173---Report of investigating agency---Scope---Provisions of S.173, Cr.P.C. were not available to complainant---Complainant, if dissatisfied with decision of investigating agency, could file a direct complaint. (d) Criminal Procedure Code (V of 1898)--- ----S. 561-A---Inherent powers of Chief Court---Inherent jurisdiction under S. 561-A, Cr.P.C. was not an alternate or additional jurisdiction---Said jurisdiction could not be invoked when alternate remedy was available in the Trial Court. (e) Criminal Procedure Code (V of 1898)--- ----S. 561-A---Penal Code (XLV of 1860), S. 380---Theft in dwelling house---Summoning of accused placed in column No. 2 of challan to face trial---Quashing of criminal proceedings---Accused contended that he was released under S. 169, Cr.P.C. on account of deficient evidence---Accused was named in column No. 2 of the challan---Trial Court summoned accused to…

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