Section 173(1) of the Code stipulates that the police investigation shall be completed ‘without unnecessary delay’ and through the Public Prosecutor’ the investigation report shall be submitted to the magistrate/court, and ....

 Section 173(1) of the Code stipulates that the police investigation shall be completed ‘without unnecessary delay’ and through the Public Prosecutor’ the investigation report shall be submitted to the magistrate/court, and the proviso thereto mandates that if the ‘investigation is not completed within a period of fourteen days from the date of recording of the first information report’ (‘FIR’) then ‘within three days of the expiration of such period’ through the Public Prosecutor an interim report shall be submitted.

The British colonial rulers had enacted the Code in 1898 and had bound themselves to submit investigation reports (challans) promptly. In 1992 the Code was amended and a proviso specifying certain time periods was inserted after section 163(1) to ensure further expeditious submission of the reports, but these time periods are mostly observed in the breach. It is now over 73 years since we attained Independence, with a great many sacrifices, but even the standard set by foreign rulers is not met and the betrayal of the people continues. And, it seems that with every passing day the situation deteriorates further. It is a rare case in which the investigation report (challan) is submitted within fourteen days from the recording of the FIR. We are constrained to observe that this unjustifiable delay in the submission of investigation reports (challans) also vitiates the Fundamental Rights of ‘fair trial and due process’ which the Constitution of the Islamic Republic of Pakistan guarantees in its Article 14A.

Criminal Petition No. 583/2021
Amjid Khan Versus The State through A.G. KPK, etc.