P L D 1997 Lahore 184 (PLP)

The report called from the Magistrate has since been received and perused. He submits that he was neither the Ilaqa Magistrate nor even the trial Court therefore he could not have treated the statement in question as a complaint.

2. The learned counsel argues that the information communicated by him discloses the commission of a cognizable offence, therefore, a writ should be issued for the registration of a criminal case in the matter in question.

3. The insistence of the petitioner in being thrown back into the clutches of the same police employees who are the alleged offenders, is not understandable. It was to cater for such like situations that the framers of the Criminal Procedure Code kept the provision in the Cr.P.C. for filing of. complaint whereby the persons who are aggrieved of the dishonesty, partiality or misconduct on the part of the police officials have been enabled to ignore the police station and to directly reach a Court of law where the matter ultimately' I ' has to reach even if one went first to the police station.

4. It cannot be said that filing of complaint was not an adequate or a proper remedy in such-like situation. The same is in fact a better remedy in situations like the one in hand for more than one reasons. Firstly, the Courts of law do not ordinarily supervise or monitor the investigation which has been declared to be the exclusive domain of the Investigating Agency. Therefore, whatever might be done by the Investigating Officer after the registration of the i case would not be amenable to any correction by any Court of law including this Court. As against this, the proceedings pursuant to the complaint are judicial proceedings and the revisional Courts or the supervisory Courts always have the power to intervene to rectify the wrong if any creeping into such like proceedings. Secondly, a bare perusal of section 202 of the Cr.P.C. would indicate that even investigations are envisaged in pursuance of a complaint which investigation held under the direction of a Court of law and which could be directed to be conducted not just by the local police and not even by the police officials but by any person, is normally expected to be more independent and a more fruitful exercise.

5. In this view of the matter I find that the petitioner has adequate and proper remedies available to her under the law. This petition is, therefore, not competent under Article 199 of the Constitution and is accordingly dismissed. The petitioner may, if she so chooses, file a complaint .for the redress of her grievance. N.H.Q./A-102/L Petition dismissed.