Law: Criminal Procedure Code (V of 1898)

Section: 169, 173(3)

(a) Criminal Procedure, Code (V of 1898) S.169--Section sit terms applies to case of accused who has never been forwarded to Magistrate and confined to stage of police investigation Reference by police to Magistrate to release accused under S: 169 Unnecessary-Magistrate also could not pass release orders under S. 169. The police has the power to release a person in custody on his executing a bond with or without sureties for his appearance before a Magistrate if and when so required. Thus, section 169, Cr. P.C. in terms applies only to the case of an accused who bolls never. been forwarded to a Magistrate and is confined to the stage of investigation by the police. Consequently, reference by the police to the Magistrate is unnecessary. Equally no such order under section 169, Cr. P. C, could be passed by the Magistr4te. (b) Criminal Procedure Code (V of 1898) Ss. 169 & 173(3) Release of accused by Magistrate-Could be ordered on receipt of police report under S. 173 and not under S. 169. (c) Criminal Procedure Code (V of 1898) S. 173-Competency of Magistrate to pass "any order" Necessarily includes power to summon accused to stand trial even though non-availability or incredibility of evidence reported- by police-Magistrate not bound by police report. The competency of the" Magistrate to pass any order will necessarily include the power to summon the accused person to stand his trial although the police holds the view that there is no evidence against him or the evidence is wholly incredible. It, therefore, follows that the Magistrate is dot bound by the police report. Mohammad Nawaz v. Crown 48' Cr. L J 774 rel: (d) Criminal Procedure Code (V of 1898) Ss. 169 & 173-Magistrate discharging accused on police report before presentation of final report-Police report in circumstances, only an ad interim report-Magistrate, held, could take cognizance of offence under S. 173 on receipt of f final report. (e) Criminal Procedure Code (V of 1898) Ss.173-Report under S. 173 submitted by police exonerating accused on ground of incredibility or insufficiency of evidence-Police, held, still competent to hold further investigation and arrive at…