Private Complaint


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

Issue of process and summoning of accused Stage – Where the Court had recorded the statements under S.200, Cr. P. C. . and after finding prima facie case had taken the cognizance of the matter, it was thereafter that the provisions of Chap.XVII, Cr. P. C. . [Ss.204 & 205] would come into operation. PLD 2002 S.C. 687

Withdrawal of complaint – Where the complaint was dismissed for non-prosecution, the provision of S.248, Cr. P. C. . would not be attracted – Provision of S.248, Cr. P. C. . would be applicable only in those cases where the trial had commenced. PLD 2002 S.C. 687

Dismissal of complaint-Effect on second complaint-Order of dismissal of a complaint under S. 203, Cr. P. C. . is no bar to the entertainment of second complaint on the same facts: 2000 P. Cr. L. J. 489

Exit mobile version