Law: Criminal Procedure Code (V of 1898)

Section: 200,203,403

Law: Constitution of Pakistan, 1973

Section: 13

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 200, 203 & 403---Constitution of Pakistan, Art. 13---Protection against double punishment and self-incrimination---Person once convicted or acquitted not to be tried for same offence---Dismissal of private complaint---Scope---Complainant, after acquittal of respondents by Trial Court, filed a private complaint against them, which was dismissed through impugned orders had faced trial in the FIR case on registration of FIR and the same allegations were levelled in the private complaint, as such Art. 13 of the Constitution as well as S. 403, Cr.P.C., came into play---Subject matter had already been tried by the court of competent jurisdiction in registered case between the same parties therefore, Magistrate had rightly dismissed the private complaint---Constitutional petition was dismissed. (b) Constitution of Pakistan--- ----Art. 13---Criminal Procedure Code (V of 1898), S. 403---Protection against double punishment and self-incrimination---Person once convicted or acquitted not to be tried for same offence---Scope---Once a person is prosecuted for an offence and is acquitted, he cannot be subsequently tried for the same offence. The State through Collector of Customs v. Nasim Amin Butt and others 2011 SCMR 1083 and Muhammad Nadeem Anwar v. Securities and Exchange Commissioner of Pakistan through Director NBFs Deptt: Islamabad 2014 SCMR 1376 ref. Nazir Ahmad v. Capital City Police Officer, Lahore and another 2011 SCMR 484 rel. (c) Maxim--- ----Nemo bis punitur aut vexatur pro eodem delicto---Meaning: No one should be vexed twice for the same offence. ORDER ABDUL HAMEED BALOCH, JUSTICE:---.--- This order shall dispose of Constitution Petition No. 1014 of 2019, which is directed against the order dated 31st August, 2019 (impugned order) passed by the learned Additional Sessions Judge, Sariab Quetta (Revisional Court), whereby the order dated 22.06.2019, passed by the learned Judicial Magistrate-XIV, Quetta was upheld. 2. Brief facts of the case are that the petitioner filed a complaint under Section 200, Cr.P.C. before the trial court against the private respondents, alleging therein that the private…

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