LHC restricts submission of challans in POs’ cases

Declares that report should be submitted under Section 173 after investigation

LAHORE:

A Lahore High Court (LHC) division bench headed by Justice Sohail Nasir has directed Punjab Police to discontinue a practice of submitting ‘challans’ before courts under Section 512 of CrPC in cases wherein the accused are declared proclaimed offenders.

The bench was hearing a plea questioning the formation of a Joint Investigation Team (JIT) in a murder case.

During the proceedings, the bench noted the practice in most of the cases where the accused is declared a proclaimed offender.

The words ‘every investigation’ used in Section 173 of CrPC are significant and leave no room of doubt  in cognizable or non-cognizable offence the report (challan) has to be submitted on a form prescribed by the provincial government. So it is the absolute legal position that on conclusion of investigation the report is to be submitted only under Section 173 of CrPC and it has nothing to do with Section 512, the bench declared.

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The bench observed that these proceedings were called “trial in absentia”, which is not the correct approach. The general rule is that evidence has to be recorded in the presence of accused or his advocate or pleader, if his personal attendance is dispensed with, whereas proceedings under Section 512 CrPC are an exception to the general rule with an aim to preserve the evidence so that the accused may not take advantage of his illegal act of absconding.

The court issued directives that copies of the order be sent to the inspector general of police and prosecutor general of Punjab so that the practice to mention “Challan under section 512 CrPC” shall be discontinued forthwith.

Published in The Express Tribune, November 9^th, 2021.