Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 173(1) 537---Report of Police Officer---Non-compliance of the provisions of S.173(1), Cr.P.C. renders cognizance of offence illegal and invalid and the defect is not curable under S.537, Cr.P.C. Abdullah Shah v. State PLD 1962 Kar. 633 ref. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 241-A 173---Summoning of accused placed in Column No.2 of the challan---Magistrate taking cognizance of offence after submission of challan becomes seized of the entire case and seisin extends to persons ¬who may appear implicated although placed in Column No.2 of the challan as the Court takes cognizance of the offence and not of an offender even if he is unknown--Even persons who may have been discharged under S.63, Cr.P.C. because of their placement in Column 2 of the challan can be resummoned---Court while summoning such type of witnesses, however, had to convince itself on the basis of the material which may be before it and which ought to be referred to for summoning the accused placed in Column 2, because they have not been charge--sheeted by the police---Evidence may be located in the challan itself which may have been misread by the police or it may be on the basis of evidence produced before the Court after submission of the challan--¬Court cannot act mechanically to summon the accused placed in Column 2 of the challan---Once the Court discovers the incriminating material it can always summon such accused. Raja Khushbakhtur Rehman and another v. The State 1985 SCMR 1314, Sardar Ali and others v. The State PLD 1966 (W.P.) Lah. 790; Falak Sher and another v. The State PLD 1967 SC 425, Mukhtar Ali and 3 others v. Sono and another PLD 1993 Kar. 342; Waqarul Haq alias Mithoo and another v. The State 1988 SCMR 1428; Khalid Iqbal v. The State 1991 PCr.LJ 443; Shaukat Ali and others v. The State 1995 PCr.LJ 1749 and Haji Muhammad Aslam v. The State 1986 PCr.LJ 1442 ref. (c) Criminal Procedure Code (V of 1898)--- ----Ss. 241-A, 173 439---Accused placed in Column 2 of the Challan summoned by Trial Court---Validity---Trial Court had summoned the accused placed in Column 2 of the report submitted under S.173, Cr.P.C.…

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