Law: Criminal Procedure Code (V of 1898)

Section: 200,202,203,366,369,403,561-A

Law: Constitution of Pakistan, 1973

Section: 13(a),199

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 200, 202, 203, 366, 369, 403 & 561-A---Constitution of Pakistan, Arts.13(a) & 199---Constitutional petition---Summoning a person in complaint case---Altering of , double jeopardy---Quashing of order---Scope---Maxim: "nemo debet bis vexari pro una et eadem causa"---Applicability---Scope---Autre fois acquit, rule of Prerequisites---Petitioner in his constitutional petition had impugned order passed by the courts below, whereby he was summoned in a complaint case, and his revision petition was dismissed---Earlier, complaint filed by respondent/complainant was dismissed on the ground of lack of jurisdiction of Anti-Terrorism Court---On filing second complaint by the respondent, Magistrate concerned summoned the petitioner to face the trial---Revision petition filed against order of the Magistrate, having been dismissed by the Additional Sessions Judge, petitioner had filed present constitutional petition---Article 13(a) of the Constitution and S.403, Cr.P.C., and the maxim "nemo debet bis vexari pro una et eadem causa" (no person should be twice disturbed for the same cause), was not attracted in the case; because, order passed under S.203, Cr.P.C., being not a in the terms of S.366, Cr.P.C., impugned order passed in second complaint was not offended by the provision of S.369, Cr.P.C., which prohibited the alteration of a ---Pre-requisites for attracting the rule of "autre fois acquit" were that there must have been a trial of accused for offence charged against him; that trial must have been by a court of competent jurisdiction; that there must have been or order of acquittal; that parties in two trials must be the same; and that facts in issue in the earlier trial must be identical with what was sought to be agitated in the subsequent trial, which were non-existent in the case because whatever had taken place earlier, was not a trial---In the present case, it being only a second complaint, which had not exceeded the reasonable limit of repetition, same was not incompetent---Concealment of the filing and dismissal of the earlier complaint, would not affect the merits of the case---Order in the first…

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