Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- Ss. 173 & 169, Police Rules, 1934, r. 27.1 Sessions Judge while rejecting prayer of Police for cancellation of a criminal case registered against accused directing Police to submit challan after preparation of report under S. 173, Cr. P. C. Order of Sessions Judge requiring Investigating Officer to submit challan does not amount to order to place in column 3 or 4 as accused person to be served up for trial Sessions Judge by passing order only required Investigating Officer to submit a `final report' after completing investigations. Whatever course Investigating Officer adopts i.e. whether he acts under section 169 or under section 170, Cr. P. C. it is incumbent upon him to submit a `final report' under section 173, Cr. P. C. with regard to result of his investigation to a competent Magistrate. In instant case instead of preparing and submitting a `final report' under section 173, Investigating Officer under a misconception as to true meanings of section 169 and 1'vlagistrate's power there under submitted an application for cancellation of case under section 169 which was not competent. Trial Court therefore not acceding request of Investigating Officer directed him to do what he was required to do under law namely to submit a `final report" under section 173. Emperor v. Khawaja Nazir Ahmad A I R 1945 P C 18 ; Shahnaz Begwn v. The Hon'ble Judges of the High Court of Sind & Baluchistan P L D 1971 S C 677 ; Falak Sher arid another v. The State P L D 1967 S C 425 and Muhammad Arif v. The State 1970 S C M R 178 ref. ORDER ASLAM RIAZ HUSSAIN, J. This petition by Habib is directed against the order of the Lahore High Court dated 21 4 1982, dismissing his revision petition in a case under section 364 A, P. P. C. 2. The facts leading to present petition are, briefly, that a case was got registered by Haq Nawaz P. W. against Habib petitioner under section 342/3, 3, P. P. C. The allegation against the petitioner was that he enticed Mst. Rizwana Kausar, 7 years old girl by offering her sweetmeats and confined her in a room. Her cries attracted the witnesses to the room who knocked at the door and made the petitioner open…

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