MUHAMMAD YAQOOB Versus THE STATE
This appeal challenges an order passed by a Magistrate in Lahore, which discharged and acquitted three accused persons based on a supplementary challan submitted by the police. The complainant, who was the victim in the underlying criminal case registered under various sections of the Pakistan Penal Code, contested the trial court's decision to accept the police findings in the supplementary challan as the basis for acquittal after the charge had already been framed. The core legal question was whether a trial court, having already taken cognizance of the case and framed charges, can legally discharge or acquit accused persons solely based on the findings contained in a supplementary challan. The Lahore High Court held that while a court may accept a supplementary challan as additional evidence after taking cognizance, it cannot utilize such a report as the sole basis for the discharge or acquittal of the accused. Consequently, the High Court set aside the impugned order and remanded the case to the trial court for a fresh decision after hearing both parties, establishing the principle that a supplementary challan cannot override the judicial process once charges are framed.
- Can a trial court discharge or acquit an accused person based solely on the findings of a supplementary challan?
- Is a supplementary challan admissible as a basis for acquittal after charges have been framed by the trial court?
- What is the legal status of a supplementary challan once a court has taken cognizance of a criminal case?
- Section 365, Pakistan Penal Code 1860
- Section 337-A(ii), Pakistan Penal Code 1860
- Section 337-L(ii), Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
1. MIAN MUHAMMAD NAJUM-UZ-ZAMAN, J- --Appellant is the complainant of case F.I.R. No.234 of 1999, dated 7-7-1999 undo coons 365/337-A(ii)/337-L(ii)/148/149, P.P.C. registered at Police Station, Kahna, District Lahore. Through this appeal order, dated 1-9-2000 passed by Magistrate Section 30 Model Town, Lahore has been challenged. This order reveals that learned trial Court on receipt of supplementary challan had discharged/acquitted Ali Ahmad, Liaqat Ali and Abdul Rehman while agreeing with the police findings.
2. Record of this case reveals that after the submission of challan in the above said case, charge was framed on 16-9-1999 and, supplementary challan was submitted on 14-9-2000. Thereafter the trial court on the basis of supplementary challan while agreeing with the Police findings passed the impugned order. It is well-settled that after taking the cognizance, Court can take supplementary challan as an additional evidence but the same cannot be made a base for discharge on acquittal of accused. The impugned order has no sanctity and is not sustainable. In this view of the matter, the impugned order, dated 14-9-2000 is set aside and the case stands remanded to the trial Court to re-decide the matter. The matter shall be decided after hearing both the parties keeping in view the factual aspect of the case. With this observation, this appeal is allowed and stands disposed of.
3. H.B.T./M-2405/L Case remanded.
Cited by 1 case
- Miss SHAGUFTA PARVEEN KHAN vs FATEH JUNG and 2 others 2012 YLR 2907