1999 PLP 1831 (MLD)

Sardar Abdul Hamid Khan for Respondents. Abdur Rashid Karhani, Asstt. A.-G. for the State Through this revision petition, the order of District Court of Criminal Jurisdiction Palandari dated 6-1-1998 is assailed whereby an incomplete challan (Kham Challan) was treated as complete challan and trial was commenced by the said Court.

2. A case was registered under section 302/34, A.P.C. at Police Station Trarkhel. During investigation, an incomplete challan was submitted before the District Court of Criminal Jurisdiction Palandari as the investigation was incomplete at the relevant time. The incomplete challan was presented ire tore the said Court on 7-4-1997. From 7-4-1997 upto 6-1-1998, the police concerned could not complete the investigation and the trial Court did not commence the trial till the impugned order dated 6-1-1998 was passed. It is the aforesaid order the validity of which is now under assailance through this revision petition.

3. The learned counsel for the petitioner while challenging the impugned order, contended that the Court below acted contrary to law while passing the impugned order. It was not lawful on the part of the trial Court to commence trial in the instant case as the investigation was not complete then, the learned counsel maintained.

4. The learned counsel representing the respondents while supporting the impugned order, argued that as the prosecution failed to complete investigation, there was no alternative left to the trial Court but to commence the trial by treating the incomplete challan as complete one.

5. I examined the record of the case keeping in view the respective submissions of the learned counsel for the parties.

6. The procedure for trial of criminal cases is provided in Criminal Procedure Code. The jurisdiction of different Courts to try the cases is also specified by the said code. The procedure for trial of different criminal cases is almost same except cases regarding summary trial etc.

7. The relevant provision which authorises the Officer-Incharge of' police station or Investigating Officer. to submit a final report (complete challan or a report for cancellation of F.I.R.) in the trial Court for trial of a criminal case is section 173, Cr.P.C. Under the aforesaid provisions of law, the Officer -Incharge of police station has to do two things-(a) to submit a final report to the trial Court about the result of the investigation within 14 days from the date of F I. R. under section 154, Cr.P.C. and (b) to submit an interim report to !he competent Court within 5 days of expiration of such period if the investigation is still in progress. If the investigation is incomplete and an interim report is submitted, the trial Court shall commence the trial on the basis of such interim report, unless, for reason to be recorded, the Court decide that the trial should not so commence. It means that under law it is permissible for the Court to commence trial on the basis of the material placed before it in shape of an interim report or to keep the report pending till the submission of final report about the investigation. It is the satisfaction of the Court that matters in this regard. The perusal of section 173, Cr.P.C. shows that it is not within the competence of the trial Court to treat the incomplete challan (interim report) as complete one. The only thing the Court can do is either to commence the trial on the basis of Kham Challan or to wait for complete challan.

8. It is also to be remembered that concerned Police Officer may after completion of investigation ask the Court to cancel the F.I.R. by submitting final report under section 173, Cr.P.C. and the Court may or may not do so. The aforesaid provisions of law permit the concerned Police Officer to submit a supplementary or final report (Challan) during the commencement of trial on the basis of an interim report (incomplete challan). The only thing the Court has to do is to decide the case keeping in view the evidence already before it in shape of incomplete challan and the evidence subsequently brought before it through supplementary or complete challan.

9. In the instant case, the trial Court has treated 'Kham Challan (incomplete challan) as complete challan which is not permissible under law The Court could not treat an incomplete challan as complete challan. It could only, as earlier stated, commence trial on the basis of 'Kham Challan' or wait for final report. The impugned order is lawful to the extent of commencing the trial but certainly it is illegal to treat the incomplete challan as complete one and it stands vacated to the extent indicated above. However, the prosecution shall be at liberty to submit a supplementary or final challan during the trial commenced by the Court on the basis of 'Kham Challan'. With the above observation, the revision petition stands disposed of accordingly. N.H.Q./48/SC (AJ&K) Order accordingly