Case Law on #Remand #Physical remand #police custody Under Section 167-Cr.P.C, It was prerogative of the Learned Prosecutor to request for the physical remand of the accused, Physical remand/police custody on application of complainant/private person after judicial remand---Permissibility

2016 PCrLJ 1566

LAHORE-HIGH-COURT-LAHORE

It was prerogative of the Learned Prosecutor to request for the physical remand of the accused.

S. 167--- Physical remand/police custody on application of complainant/private person after judicial remand---Permissibility---Magistrate had sent the accused to the judicial lockup, as he was no more required for physical remand by the police---District Public prosecutor , nor any other representative of the State, had raised any objection, while the accused was being sent to the judicial lockup---State had also not assailed the order of judicial remand, and the complainant alone had impugned the same in his private capacity---Section 167, Cr.P.C. was clear on the point that any person in his private capacity could not have applied for the police custody of the accused---Impugned order of physical remand was set aside accordingly. 

Case Laws

PLD 2018  Lah151 

S. 173, Cr.PC-proviso [as added by Criminal Law (Amendment) Act (XXV of 1992)]---Investigation---Interim report---Scope---Investigation was to be completed without unnecessary delay and as soon as it was completed, Officer-in-charge of the Police Station was required to submit challan through Public prosecutor but not later than fourteen days---If the investigation was not completed within a stipulated period of fourteen days from the date of recording of FIR then Officer-in-charge of Police Station would submit an interim report within three days of expiry of period of fourteen days stating therein the result of investigation---Court on the basis of such interim report, would commence trial.  

#Prosecution side case law

#how trial starts

#challan and commencement of trial