Law: Criminal Procedure Code (V of 1898)

Section: 200 & 202,204,205,248,403,265-K,561-A

(a) Criminal Procedure Code (V of 1898)-------Ss. 200 & 202---Private complaint---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.(b) Criminal Procedure Code (V of 18981-------Ss. 202, 204 & 205---Complaint case---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.(c) Criminal Procedure Code (V of 1898)-------S. 248---Withdrawal of complaint---Provision of S.248, Cr.P.C.--�Applicability---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.(d) Criminal Procedure Code (V of 1898)-------Ss. 200, 204 & 403---Constitution of Pakistan (1973), Art. 13---Second trial fbr same offence---Dismissal of private complaint for non�prosecution---Filing of second complaint---Maintainability---Accused persons were neither tried earlier nor were convicted or, acquitted, the provisions of S.403, Cr.P.C. & Art.13 of the Constitution were not applicable in circumstances.(e) Criminal Procedure Code (V of 1898)-------Ss. 204, 265-K & 561-A---Constitution of Pakistan (1973), Art. 185(3)--�Third complaint---Issue of process---First complaint filed by the complainant was dismissed for non-prosecution while second complaint was withdrawn for some technical defect---Complainant filed third complaint for the same occurrence, against the same accused persons---Objection was raised to the maintainability of the third complaint---Accused persons tiled application under S.265-K, Cr.P.C. for their acquittal…