| Case ID |
41f93cbc-83e9-47f8-8243-6d4fe424f7ff |
| Body |
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| Case Number |
Criminal Petition for Special Leave to Appeal No. |
| Decision Date |
Nov 29, 1968 |
| Hearing Date |
Nov 29, 1968 |
| Decision |
The Supreme Court dismissed the petition, ruling that there was no provision in the Criminal Procedure Code for submitting an incomplete report under Section 173. The Inquiry Magistrate was not precluded from taking cognizance until the final challan was submitted. The argument that the petitioner should have the option for the inquiry to be held by another Magistrate was found to be ill-founded, as the initial report was deemed sufficient for the Inquiry Magistrate to proceed. |
| Summary |
In the case of Zafar Sarwar vs. The State, the Supreme Court of Pakistan addressed the procedural aspects of criminal inquiries under the Criminal Procedure Code. The primary contention centered around the submission of a police report, which the petitioner argued was incomplete due to the placement of his name in the wrong column of the final challan. The court clarified that Section 173 does not allow for incomplete reports and affirmed that the Inquiry Magistrate could take cognizance of the case based on the available evidence. The decision emphasized the importance of adhering to procedural requirements while ensuring that the rights of the accused are respected. The ruling serves as a critical reference for understanding the dynamics of criminal procedure and the authority of Magistrates in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD YAQUB ALI,
ABDUS SATTAR
|
| Lawyers |
Mian Muzaffar Ahmad
|
| Petitioners |
ZAFAR SARWAR
|
| Respondents |
THE STATE
|
| Citations |
1969 SLD 169,
1969 SCMR 59
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
173,
190(1)
|