Complaint case

2016 PCrLJ 998 ISLAMABAD Judicial Precedent

Ss. 420, 467, 468 & 471Criminal Procedure Code (V of 1898), Ss. 200, 204 & 561-AConstitution of Pakistan, Art. 199

Cheating and dishonestly inducing delivery of property, forgery of valuable security, will etc. forgery for purpose of cheating and using as genuine a forged document

Constitution of Pakistan, Art. 199

Constitutional petition

Quashing of proceedings

Complaint case

Challan case

Trial

Procedure

Summoning of accused

Petitioner sought quashing of process issued by Trial Court summoning the petitioner to face trial in private complaint

Validity

High Court while exercising jurisdiction under S. 561-A, Cr.P.C. or Art. 199 of the Constitution could not embark upon to examine adequacy or inadequacy of evidence

When same party lodging FIR had also instituted a private complaint containing same allegations against the same set of accused persons then the proper course for a Trial Court to follow was to hold a trial in complaint case first while keeping Challan case dormant awaiting fate of trial in complaint case

Trial Court acted with circumspection and had exercised power with utmost care and caution before passing an order for the process to be issued

No legal infirmity was pointed out so as to require interference with concurrent findings

Remedies were available to petitioner and it was appropriate for him to avail the same

Constitutional petition was dismissed in circumstances.

2015 PCrLJ 410 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 200Complaint caseScope

Private complaint under S.200, Cr.P.C., was basically a petition of protest against accused and Investigating Agency for their misuse of process of law; when they would do the practice not close to the facts and circumstances of the case, the complainant would have no other remedy, except to knock at the door of competent court for the sake of dispensation of justice and redressal of his/her grievance.