Law: Criminal Procedure Code (V of 1898)

Section: 200,201,202,203,204,561-A

Law: Pakistan Penal Code, 1860

Section: 471,468,420,419

Law: National Database and Registration Authority Ordinance, 2000

Section: 30(1)(2),31

Law: Shariah Nizam-e-Adl Regulation, 2009

Section: Para.10(8)

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 200, 201, 202, 203 & 204---Private complaint, dismissal of---Scope---Private complaint could be dismissed at preliminary stage under Ss.203 & 204(3), Cr.P.C.---Any court after recording statement of complainant under S.200, Cr.P.C., could, for reasons to be recorded, postpone the issue of process for compelling the attendance of the person complained against; and either inquire into the case itself, or direct any inquiry or investigation to be made in the matter under S.202, Cr.P.C.; and on receipt of inquiry report, if the court was satisfied that prima facie, case was made out for issuance of process, it would be legally competent to issue process, or decline issuance of process by dismissing the complaint. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 200, 203, 204 & 561-A---Sharia Nafaz-e-Adal Regulations, 2009, Para. 10(8)---Penal Code (XLV of 1860), Ss.471, 468, 420 & 419---Using as genuine a forged document, forgery for purpose of cheating, cheating and dishonestly inducing delivery of property, cheating by personation---Procedure for private complaint---Judicial Magistrate, after recording statement of complainant under S.200, Cr.P.C., marked the complaint to S.H.O. concerned for inquiry and report; and on receipt of report, summoned accused, who in compliance of process attended the court---After more than four months, complaint was again entrusted to Inquiry Officer for proper inquiry; who submitted his report---On receipt of inquiry report, Judicial Magistrate was required either to dismiss the complaint under S. 203, Cr.P.C., or issue process under S. 204, Cr.P.C., but instead, the Trial Magistrate directed the parties to submit lists of witnesses, and fixed the case for submission of lists of witnesses and recording evidence of complainant but without recording evidence of complainant, dismissed the complaint, which was not the mandate of Criminal Procedure Code---Where the court had recorded statement under S. 200, Cr.P.C., and after finding prima facie case took cognizance of the matter, then procedure mentioned in Chapter XVII, Cr.P.C., would be followed---Revisional Court…

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