2. What is a study Circle?
A study circle is a small group of
people who meet multiple times to
discuss an issue. Study circles may be
formed to discuss anything from politics
to religion to hobbies. They are
differentiated from clubs by their focus
on exploring an issue or topic rather
than on activities or socializing.
en.wikipedia.org/wiki/Study_circle
3. Is Supervision & Control
synonymous ?
Investigation and
Judicial Work are gas
tight compartments,
non of the two can
encroach upon each
other.
4. What are the provisions
of Criminal Procedure
Code that prescribes the
supervisory role of
Magistrate over
investigation.
5. Scheme of The Code of
Criminal Procedure, 1898
Investigation
Inquiry
Trial
6. Relevant Chapters / Sections of
CrPC
Investigation Inquiry Trial
Part V,
Chp XIV
Sections 154
– 176
202,
Chp XXXIX,
XLIII
Chp XXIII
Sections 266
– 336
(Omitted by
Law Reforms
Ordinance,
1972)
Chp XV
Sections 177
– 199-B
Chp III, XV,
XVII, XIX, XX,
XXII, XXIV,
XXV, XXVI
7. Target areas
1. FIR
2. Arrest & Seizure
3. Custody & Remand
4. Discharge
5. Interim Order in respect of case property
6. Post arrest transitory bail
7. Identification parade
8. Confessional Statement , statement u/s 164 CrPC
9. Post arrest bail
10. Bonding down witnesses
11. Report u/s 173 CrPC
12. Sending up case to Court of Sessions
8. Police Remand
Section 61 ----- Within 24 hours production
of arrested accused before Magistrate.
Section 167 ---- Custody to Police, max 15
days in to to
Section 344 ---- Judicial custody max 15
days in one go
9. 2013 SCMR 1326
S. 167 ---Investigation not completed
within twenty four hours---Giving
accused in custody of police---
Scope--- Under S.167 , Cr.P.C . it was
the duty of the Magistrate to satisfy
himself that there were grounds for
believing that the accusation or
information was well founded for
justifying custody of an accused with
the police.
10. 2012 PLD 260 LAHORE
Section 61, stipulates that a police officer cannot
detain a person in custody for more than twenty
four hours in the absence of a specific order of
Magistrate under S.167 , ---Section 167 enables a
Magistrate to pass an order extending the
detention of an accused for a term not exceeding
fifteen days and he has to record his reason for
doing so---Section 344, postulates that no
Magistrate shall remand an accused person to
custody for a term exceeding fifteen days at a time
and if sufficient evidence has been obtained to
raise suspicion that accused might have
committed an offence and it appears likely that
further evidence may be obtained by a remand, it
is a reasonable cause for remand.
11. Seizure
Section 523 , 550 CrPC.
Duty of Police to Report the matter to
Magistrate forthwith.
12. 2009 PLD 382 LAHORE
Under S.523 , S.H.O. was duty bound
to report seizure of the car to the area
Magistrate without wasting a single
moment so that the Magistrate could
make an appropriate order regarding
the disposal of the car or the delivery
of the seized car to the person
entitled to its possession---
13. 2007 PCRLJ 1552 LAHORE
--Ss. 550 & 523 ---Seizure of
vehicle by police under S.550 ,
Cr.P.C. as a stolen property---
Validity---Seizure of property by
the police under S.550 , Cr.P.C.
would itself become illegal if the
police did not report the same to
a Magistrate as required under
S.523 , Cr.P.C
14. Discharge:
Section 63 Special Order of Magistrate
Section 169 Recommendation for
Discharge by I.O
Section 173(3) Order of Magistrate on
such recommendations of the I.O.
15. 2012 YLR 472 LAHORE
After completion of the investigation,
the Investigating Officer had to submit
case to the concerned Magistrate;
and the Magistrate had power to
discharge accused under
S.63 of Cr.P.C . in case of their
innocence---In case Magistrate would
find the accused innocent, he would
refuse to take cognizance of the
matter
16. 2006 PLD 316 SC
Provisions of S.63, had prohibited
discharge of an accused person
except under a special order of a
Magistrate---Rule 24.7 of the
Police Rules, 1934, had also
prohibited cancellation of F.I.Rs
without the orders of the
Magistrate---
17. 2005 MLD 1883 PESHAWAR
Discharge of an accused was
also governed by S.169,
which was at the conclusion
of investigation and on
submission of report under
S.173,Cr.P.C .
18. Interim order case property
516A CrPC
Basic ingredients:
i. Used in the commission
of the offence
ii. In respect of which the
offence is committed
19. 2014 YLR 61 LAHORE
Car/vehicle was got on lease by the
respondent and he paid all the
installments to the Bank---
Registration Book reflected the name
of the respondent that he was lawful
owner of the vehicle/car---Contention
of the petitioner that he was
benamidar and he paid all the
installments including down payment
could be decided by the civil court-
20. 2013 YLR
1746 PESHAWAR
S. 516-A ---Release of case property
to a person on superdari under
S. 516-A , Cr.P.C.---Scope---Under
S.516-A , Cr.P.C. law permitted
release of case property to a person
from whose possession it had been
taken and who claimed to be its
bona fide purchaser.
21. 2013
YLR 1746 PESHAWAR
In the absence of any rival claimant of
vehicle…….High Court directed that
vehicle in question should be handed over
to petitioner on superdari on furnishing
surety; that petitioner should undertake
that he would not sell or transfer the
vehicle to anyone till the decision of
the case, and that petitioner would
produce the vehicle as and when
required by court, failing which the
surety bond would be forfeited.
27. Identification Parade
Art 22 QSO:
Art.22---Identification parade ---Scope-
--Holding of Identification parade , was
not only a check against false
implication, but was a good piece of
evidence against genuine culprits
2014 YLR 1412 LAHORE.
28. 2014 YLR 584 KARACHI
Identification parade was not only
delayed by twenty three days of the
incident, but ratio of dummies had
also not been maintained because
four accused had been mixed up
with ten dummies -
Identification parade was of no use
on that score
29. 2012 YLR 1954 FSC
Art. 22---Identification parade ---In the
present case, mainly general structural
features had been mentioned which could
fit into innumerable faces, without
assigning roles
position of accused was not changed in the
Identification parade ---Person who
identified the accused, simply touched him
without giving identified role---
Identification parade was not conducted
as per legal requirements.
30. 2009 PCrLJ 359
KARACHI
No Identification parade memo had
been produced to show whether
accused was identified by the
complainant as he was not named in
the F.I.R.---Case of accused at
present stage would require further
inquiry---Accused was admitted to
bail in circumstances
32. IF NO why?
& would it vitiate
the evidentiary
value of such
statement?
33. 2007 PLD 202 SUPREME-
COURT Ss.164 and 364 ,invariably apply to all sorts of statements-
--Confessional statement recorded on oath is violative of
S.5 of oaths Act, 1873, which prohibits administration
of oath to accused person---Rule enacted in S.5 of oaths
Act, 1873, is based on the concept that law does not
compel accused to make confession and he is under no
obligation to speak the truth---If accused willingly and
voluntarily makes a judicial confession, his statement is an
evidence---Administration of oath or affirmation to
accused is considered not based on public policy and is an
illegality in law---Recording of judicial confession
on oath is certainly prohibited under oath Act, 1873-
34. 2007 PLD 202 SUPREME-
COURT --If a Magistrate records statement of accused
in the manner which is prohibited under the
law, he may have committed illegality in
exercise of jurisdiction but if confessional
statement contained true statement of facts, it
may not lose the status of evidence merely
because of adopting of procedure for recording
confession by Magistrate which is prohibited
under law, unless it is shown that accused was
misled and injustice was caused to him by
adopting such procedure---Such procedural
illegality would assume the character of
irregularity which may not render the
confession inadmissible.
35. 2014 PCrLJ 323 PESHAWAR
--accused, in a murder case, was entrusted to
custody of Magistrate, the Magistrate was required
to clear his Court room from all police
officials/officers in uniform or in plain clothes and
accused was to be provided chair , also disclosing to
him that he was in safe and secured hands of
Magistrate and he would not entertain any fear of
police---Magistrate was also to infuse courage and
confidence into accused and was to provide
assurance that in case he did not make confession,
he would not be handed over back to police---
Simply filling of printed pro forma or dictating such
important matters to typist was not a faithful
obligation under law---Magistrate had shown
irresponsible attitude while dealing with such
36. 2014 MLD 942 PESHAWAR
Confessional Statement ---Voluntariness---
Proof---Two accused not knowing Urdu
language while Magistrate did not understand
Pashto language---Magistrate recorded
confessions through his steno and such fact was
not mentioned by him in
confessional Statement ---Complete disorder
existed in verbal communication between
Magistrate concerned and accused---Even the
stenographer was not produced as witness---
Magistrate failed to satisfy himself regarding
voluntariness of confessional Statements in
circumstances.
37. Post Arrest Bail
Section 496 : Bail able offences bail
right
Section 497: Non bailable offences bail
grace
Offences not falling in prohibitory clause
bail rule --- 1995 PLD SC 34
38. Further inquiry
The sine qua non for grant of bail is
existence of further inquiry
Further inquiry means
39. 2012 MLD 599 KARACHI
further inquiry into guilt of
accused means that the
question should be such
which has nexus with the
result of the case and may
show that accused is not
guilty of the offence with
which he is charged.
40. 2014 PLD 760 SUPREME-
COURT
"Reasonable grounds"---
Scope---Reasonable grounds
had to be grounds which were
legally tenable, admissible in
evidence and appealing to a
reasonable judicial mind as
opposed to being whimsical,
arbitrary or presumptuous.
41. Fugitives grant of bail
Where accused is entitled
to the concession of bail on
merit, his abscondance
would not form an
impediment.
See Mithu Pitafi’s case
43. .
Bounding down the witnesses
Section 173(5) Where the Officer in
charge of a P.S forwards a report,
he shall produce the witnesses
except the public servants, and
the Mag shall bound such
witnesses for appearance before
him or some other court on the
date fixed for trial
44. Time frame u/s 173 CrPC
Mode of sending of
the cases to the
Court of Sessions
