Law: Constitution of Pakistan, 1973

Section: 35

Law: Criminal Procedure Code (V of 1898)

Section: 200,202,203,204,249A,265(K),417(2),435,4 39,439A,561A

Constitution of Pakistan, 1973-- ----Art. 35--Safeguard guaranteed and protect right of marriage--Held: It is settled principle of law that muslim adult female being sui juris can exercise her right to marry without consent of "Wali". 1999 PCr.LJ 648, PLD 1981 FSC 308, PLD 1977 Lahore 301 & 2006 MLD 298, ref. Preliminary inquiry-- ----Complaint can be dismissed without having preliminary inquiry as no such embargo has been placed on Court concerned. 2000 SCMR 1904, PLJ 1997 Cr.C. 5 & 1996 PCr.LJ 1615, ref. Complaint-- ----Contents--Held: It is well-settled by now that Court concerned must scrutinize contents of complaint, nature of allegation made therein supporting material in support of accusation, object intended to be achieved, possibility of victimization and harassment if any to ensure itself that no innocent person against whom allegations are leveled should suffer ordeal of protracted time consuming and cumbersome process of law. Principle of Law-- ----Complaint--Held: It is also settled principle of law that provisions as contained in Sections 202 to 204, Cr.P.C., if read together would show that a proper safeguard has been provided by Legislature which showed its such intention by using words "if any" and "sufficient grounds for any" in Section 203, Cr.P.C. and accordingly frivolous and vexatious complaints must be buried at their inception where no prima facie case is made out. 2010 SCMR 1816 & 2000 SCMR 1940, ref. Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 417(2), 249-A, 265(K) & 203--Invoking Appellate Jurisdiction--Private complaint was dismissed--Special leave to appeal--Appeal against acquittal--Maintainability of--Question of--Insofar as question with regard to maintainability of instant Petition instituted u/S. 417(2) of Code of Criminal Procedure is concerned, that Section 417, Cr.P.C. deals with appeal against acquittal of accused on merits or by exercising powers u/S. 249-A or 265(k), Cr.P.C., by trial Court but it has nothing to do with order of dismissal of complaint u/S. 203, Cr.P.C. applicability of certain provision of statute and jurisdictional questions could only be decided u/S. 435, 439, 439-A or 561-A,…

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