Рет қаралды 27,029
Police reports are the record of the process and outcome of a police investigation. In particular, police reports document the evidence collected by the police, the opinion of the police and the police decision to charge a particular person on the basis of the available evidence. Police reports are passed on to the prosecutor so that he may review them and formulate his
opinion with regard to the same. A review is necessary because a prosecutor is under a duty not to initiate a prosecution or to stop a prosecution where an impartial investigation shows the charge to be unfounded.
Case Laws on Challan / Police Report
Police Report u/S. 173 Cr. P.C is only an information of the Police Officer and it is not admissible in evidence. Presumption of innocence of the accused involved in the case is not diminished by the mere fact that case has been sent up for trial or that particular witness or person had formed opinion against the accused. 1993 SCMR 550, Syed Saeed Muhammad Shah.
Challan not submitted in Court within 14 plus 3 days of the arrest of the accused. (See Section 173(1)(b) Cr.P.C.). Challan produced after 34 days of the arrest of the accused. Held, it is clear violation of sec. 173 (1) (b) Cr.P.C In case investigation is not completed within 14 days from the recording of the FIR, officer incharge of police station is mandatorily required to submit an incomplete challan within 3 days of the expiration of such period of 14 days. This provision when not only not complied with but is contravened, held, appellant had remained in unlawful custody with police and was so at the time he was sent up for trial before Court; thus, entire proceedings stand vitiated. Appeal allowed. In this case the accused was arrested on 14-6-93 but challan was produced in Court on 18-7-93 which is 34 days after the arrest of the accused appellant. This is violation of sec. 173 (1) (b) Cr.P.C which is mandatory provision of law. (D.B) PLJ 1995 Cr.C (Kar) 420, Mooso.