Law:

Section:

Criminal Procedure Code (V of 1898)---------Ss. 173 & 190 (1)­ Police submitting incomplete report under S. 173 and showing accused to be in column 1 but in the final challan submitted subsequently accused's name entered in column 2-Contention that as accused's name was shown in column 2 of the final police challan, inquiry Magistrate could take cognizance only under S. 190 (1) (c) and therefore, it was necessary to allow accused option to have Inquiry against him held by another Magistrate Held there is no provision in Cr. P. C. for submission of incomplete report under S. 173-Inquiry Magistrate, in such circumstance, not precluded from taking cognizance until final challan submitted-Contention, therefore, that accused should have option to have inquiry held by another Magistrate, ill founded. Mian Muzaffar Ahmad, Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Attorney for Petitioner. Nemo for the State. Date of hearing : 29th November 1968. ORDER MUHAMMAD YAQUB ALI, J.-It is unnecessary to advert to the facts of the case which are fully set out in the impugned order of the High Court. The main contention raised in the petition under section 439, Cr. P. C., before the High Court was that as in the report under section 173 the name of the petitioner was entered in column 2 the Inquiry Magistrate could take cognizance under section 190 (1) (c) of the Code of Criminal Procedure and it was necessary, for this purpose to allow the petitioner an option to have the inquiry against him held by another Magistrate. The learned Judge in the High Court found no substance in the contention as in the challan originally submitted by the Police on the 27th December 1967, the petitioner's name was entered in column 1 and the Inquiry Magistrate…

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