Law:

Section:

(a) Criminal Procedure Code (V of 1898)-- ----S. 190---Receipt of complaint by Criminal Court---Mode of proceeding--Court on receipt of complaint and without taking cognizance could direct concerned S.H.O. to register case---Where, however, such Court itself takes cognizance it would proceed to record statement of complainant under S.200, Criminal Procedure Code, 1898---When any matter was referred to police for investigation, then police would be under legal obligation to collect all evidence about alleged occurrence---Collection of evidence would include effecting recovery of weapon of offence and other incriminating articles---General misconception that if complaint was filed, Court would be helpless to effect recoveries of incriminating articles was wrong and ill-founded. Superintendent and Remembrancer of Legal Affairs, West Bengal v Abani Kumar Banerjee AIR 1950 Cal. 437; R.R.Chari v. The State of Uttar Pradesh AIR 1951 SC 207; Badsha Mia and others v. The State PLD 1958 Dacca 598; Azizur Rahman and others v. The State and others PLD 1960 Dacca 631; Ghulam Ahmad v. The State PLD 1962 (W.P.) Lah. 280; Syed Altaf Hussain Shah v. State and another PLD 1966 (W.P.) BJ 6; Lt.-Col. (Retd.) G.M. Nizamuddin v. Irshad Hussain Khan and another PLD 1976 Kar. 653 and The State v. Ch. Altaf Hussian Magistrate Ist Class and others PLD 1978 Lah. 1259 ref. (b) Guardians and Wards Act (VM of 1890)-- ----Ss. 12 & 25---Custody of minor children---Guardians and Wards Act, 1890 not only provides for custody but also confers vast powers to order interim custody pending decision of application under S.25 of the Act---To dispel apprehension of appellant as to delay, in case he files petition for custody of minors, same was directed to be decided within 6 months of service on opposite side while application under S.12 of the Act for interim custody, was to be decided within 15 days of service of respondent. ORDER The relevant facts for the decision of this I.C.A. are that the appellant and respondent No.l l were married in accordance with Muslim rites and two daughters aged about 9 to 11 years were born out of this wedlock. The appellant filed a Constitutional petition wherein…

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