Law: Criminal Procedure Code (V of 1898)

Section: 154,156,173,561A

(a) Criminal Procedure Code (V of 1898)--- ----S. 173---Challan, submission of---Court could not insist that a challan of a case must be submitted against any particular person. Muhammad Nasir Cheema v. Mazhar Javaid and others PLD 2007 SC 31 and Mst. Sughran Bibi v. The State PLD 2018 SC 595 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 156--- Investigation--- Domain of police---Non-interference by judiciary---Separation of powers---Scope---Investigation of a criminal case fell within the exclusive domain of the police and if on one hand independence of the judiciary was a hallmark of a democratic dispensation then on the other hand independence of the investigating agency was equally important to the concept of rule of law---Undue interference in each other's' role destroyed the concept of separation of powers and worked a long way towards defeating justice. Emperor v. Khwaja Nazir Ahmed AIR 1945 Privy Council 18 ref. THIS JUDGMENT DELIVERED BY: ASIF SAEED KHAN KHOSA, J.--- Criminal Miscellaneous Application No. 359 of 2018 This miscellaneous application is allowed and the document appended therewith is permitted to be brought on the record of the main appeal. Disposed of. Criminal Appeal No. 547 of 2017 2. The facts of this case are quite long but the long and short of the same is that in his capacity as an Additional Sessions Judge the appellant had convicted the Naib Court of his court namely Muhammad Akram for an offence under section 218, P.P.C. but while deciding the appeal filed by the said Muhammad Akram the matter was remanded by the High Court to the trial court with a direction to the local police to reinvestigate the case and to resubmit a Challan against all the persons involved in the offence without specifying as to who those all persons were. As a result of the remand order the matter was reinvestigated by the local police and a fresh Challan was submitted before the trial court against one Zaman Khan but instead of entertaining the said fresh Challan the trial court directed the local police for resubmission of the Challan against all the persons involved, as had been directed by the High Court, once again failing to specify as to…

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