Law: Criminal Procedure Code (V of 1898)

Section: 200,202,203

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 200, 202 & 203---Examination of complainant---Postponement of issuance of process---Dismissal of complaint---Suppression of material facts---Effect---Complainant contended that he was awarded contract for construction of a road; that the government department paid substantial amount through running bills; that certain remaining amount with call deposit amount and security amount had not been paid, therefore, he filed direct complaint before the Special Judge Anti-Corruption (Provincial), which was dismissed---Validity---Complainant was awarded two different projects and the enquiry report revealed that the complainant did not complete the project and the scheme of the projects was later on taken out of Annual Development Plan and that no amount of complainant was outstanding against the department---Complaint revealed that the complainant had filed direct complaint by suppressing material facts---Trial Court, by dismissing the direct complaint, had not committed any illegality---Revision application, being devoid of merit, was dismissed. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 200, 202 & 203---Examination of complainant---Postponement of issuance of process---Dismissal of complaint---Scope---Complaint is to state the facts to satisfy the Court of the existence of every ingredient of alleged offence, otherwise, complainant would not be entitled to invoke aid of the Court and to foist travails of criminal trial on a person, accused by him---In order to constitute offence, complainant must disclose existence of both basic ingredients namely unlawful act "actus rea" and criminal intent "mens rea" on the part of accused---Before issuing process, the Court is under obligation to satisfy itself for the purpose of ascertaining the truth or falsehood of the complaint as to the existence or non-existence of sufficient grounds to issue process against the accused---Main object of dealing with the examination of complainant under S.200 Cr.P.C. is to protect the public from false, frivolous and vexatious complaints filed against them---Court cannot proceed to issue process against accused until and…

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