Private Complaint


Where Accused/respondent summoned in complaint case-In revision not only the order of summoning the respondent/accused was set aside but the complaint was also dismissed on the ground that another case on the same offences against the accused was cancelled and the accused was discharged-Held: A private complaint after cancellation of a criminal case and consequent discharge of accused is not barred-Order of cancellation of the case could not be considered as an order of acquittal of the accused-As such the order of the dismissal of the complaint on merits, without recording of evidence, by learned A.S.J. could not be sustained. KLR 1986 Cr. C. 306


Preliminary proceedings – Participation in such proceedings by person complained against – Validity Such person has no right of participation, until cognizance of the matter is taken and accused is summoned – Purpose behind the exercise of preliminary proceedings is to find out truth or falsehood of the accusations made in the complaint to be examined on the basis of evidence to be adduced by the complainant. PLD 2002 S.C. 687


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