Law: Criminal Procedure Code (V of 1898)

Section: 173

(a) Criminal Procedure Code (V of 1898), ----S.173-Police report Investigation-Police officer sure that accused was innocent-Accused should be placed in column 2 of challan instead of column. In a murder case the Police Zimni prepared by the investigating officer showed that the accused was not present at the place of occurrence and had been falsely implicated. The police officer deposed before the Court that in his opinion the accused was innocent but as the complainant and the eye-witnesses were charging him with the crime it was desirable that the verdict of the Court should be obtained. He further added that it was the policy of the Police Chief of the District that even if as a result of investigation, an accused was found innocent but the eye witnesses named him he should be sent up for trial and in these circumstances it was finally decided to place the accused in column No. 1 of the police challan. Held: In the instant case that very police officer, who pronounced, according to his investigation, the accused innocent, ultimately decided to challan him and placed him in column No. 1. In other words, he himself was not satisfied with the innocence of the accused. If he was sure that the accused was innocent it was his duty as a police officer to place him in column No. 2 of the challan. The policy of a particular Police Chief in a District cannot override mandatory provisions of law. (b) Criminal Procedure Code (V of 1898), ---S. 497 (S)-Bail, cancellation of Murder case-Accused named in F. I. R. and two eye-witnesses charging him of firing gun shot at deceased-Police ofcer, though of opinion that accused was not present at spot and was innocent, placing him in column No. 1 of Police challan-Case, in circumstances, held, not fit for hail-Bail granted by Sessions Judge cancelled. Emperor v. Padri Parashad 8 Cr. L J 49 and Muhammad Iqbal v. Abdul Basit and another 1968 P Cr. L J 340 ref. Pare Dusadh and others v. Emperor 1944 F C 1 and Haji Aehmat Khan v. The State 1968 P Cr. L J 1905 distinguished.   ORDER This order may be read in continuation of my order dated the 26th of November 1969. Syed Shamsuddin, D. S. P. Nankana Sahib, has turned up with the…