[CHAPTER XXIIA
TRIALS BEFORE HIGH COURTS AND COURTS OF SESSION
1
265A. Trials before Court of Session to be conducted by Public Prosecutor. In every trial before a
Court of Session, initiated upon a police report, the prosecution shall be conducted by the Public Prosecutor.
265B. Procedure in cases triable by High Courts and Courts of Session. The following procedure
shall be observed by the High Courts and the Courts of Session in the trial of cases triable by the said
Courts.
265C. Supply of statements and documents to the accused.__(1) In all cases instituted upon police
report, copies of the following documents shall be supplied free of cost to the accused not later than seven
days before the commencement of the trial, namely:__
(a) the first information reports ;
(b) the police report ;
(c) the statements of all witnesses recorded under sections 161 and 164; and
(d) the inspection note recorded by an investigation officer on his first visit to the place of
occurrence and the note recorded by him on recoveries made, if any:
Provided that, If arty part of a statement recorded under section 161 or section 164 is such that its
disclosure to the accused would be inexpedient in the public interest, such part of the statement shall be
excluded from the copy of the statement furnished to the accused.
(2) In all cases instituted upon a complaint in writing,__
(a) the complainant shall
(i) state in the petition of complaint the substance of the accusation, the names of his witnesses
and the gist of the evidence which he is likely to adduce at the trial; and
(ii) within three days of the order of the Court under section 204 for issue of process to the
accused, file in the Court for supply to the accused as many copies of the complaint and
any other document which he has filed with his complaint as the number of the accused;
(b) copies of the complaint and any other documents which the complainant has filed therewith and
the statement under section 200 or section 202 shall be supplied free of cost to the accused not
later than seven days before the commencement of the trial.
265D When charge is to be framed. If, after persuing the police report or, as the case may be, the
complaint, and all other documents and statements filed by the prosecution, the Court is of opinion that
there is ground for proceeding with the trial of the accused it shall frame in writing a charge against the
accused.
1 Chapter XXIIA which was inserted by the Law Reforms Ordinance, 1972 (12 of 1972) has been subs. by the Code of Criminal Procedure (Amdt.) Act, 1976 (44 of 1976), s.2.
The Code of Crimnal Procedure (Amdt.) Act, 1976 (44 of 1976), i.e Chapter XXIIA only shall apply to the Provincially Administerd Tribal Area of N.W.F.P. by N.W.F.P. notfn NO. 13/27HD (TAI)77,
dated 22678, see, N.W.F.P., Gazette, Extraordinary, page 11.
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