Law: Criminal Procedure Code (V of 1898)

Section: 561-A,22-A(6)(iii),156(3),173

Criminal Procedure Code (V of 1898)--- ----Ss. 561-A, 22-A(6)(iii), 156(3) & 173---Quashing of order---Petitioner had contended that Justice of Peace, had no lawful authority for passing the order for adding or deleting any section of law after the challan was put into the court---Validity---Provisions of S.22-A(6)(iii), Cr.P.C., put no embargo for passing such an order during the investigation, if any neglect, failure or excess committed by the Police Authority in relation to its functions and duties was brought to the notice of the Court; and proper direction to eradicate the failure of the Police officials was sought--Trial Court taking cognizance' after the challan was put in the court under S.173, Cr.P.C., could take cognizance of any offence disclosed by the material available on the record of the investigation, even though police had not applied the relevant penal provisions---Charge could also be framed is respect of an offence disclosed by the record---If any section of the relevant law was omitted from the charge, the court had the powers to rectify its mistake---While exercising his powers under S.22-A(6)(iii), Cr.P.C., the Justice of Peace had not committed any illegality---Impugned order could not be quashed in circumstances. 2005 YLR 3127 and PLD 2005 Lah. 470 ref. JUDGMENT TALAAT QAYUM QURESHI, J.---Quashment of the order dated 24-5-2007 has been sought on the ground that after completion of enquiry tinder section 156(3), Cr.P.C. F,.I.R. No.259 dated 26-4-2007 registered at P.S. Paharipura Peshawar, the investigation completed and the challan was submitted on 3-5-2007, whereas the impugned order was passed on 4-5-2007 i.e. after the challan was put into the Court. 2. Mr. Afridi Khan, Advocate the learned counsel for the petitioner argued that the Justice of Peace has no lawful authority for passing the order for adding or deleting any section of law after the challan is put into the Court. The second limb of his arguments was that even if the matter was under investigation, the trial Court could exercise its power after the challan was submitted in the Court then a proper charge under the relevant section of Law was to be frame. Reliance in…

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