Law: Criminal Procedure Code (V of 1898)

Section: 22-A(6),435,439,204

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 22-A(6)--It is common practice that the aggrieved person first approaches the police for redressal of his grievance through registration of the case, if remains dissatisfied, then files application u/S. 22-A(6), Cr.P.C. before Ex-Officio Justice of Peace and sometime also invokes constitutional jurisdiction of this Court as well as of Hon’ble Supreme Court of Pakistan for registration of the case and usually complaint is filed as a last resort. Delay by itself in filing the complaint cannot be taken as fatal to reject the evidence in support thereof, which may otherwise be entitled to credence. Even otherwise, delay in filing the complaint is examined in the light of peculiar facts and circumstances of each case.                                                                                               [P. 333] A Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 435 439--Criminal revision--By now it is well settled that feeling dissatisfied by the registration of case and/or investigation conducted by the police, aggrieved person can file complaint and even against those persons, who were not nominated as accused in the first information report registered by the police regarding the same occurrence; complaint can be filed against different set of accused persons with different set of witnesses as well as with different mode of occurrence as compared to state/challan case but said difference cannot be considered as a bar for entertaining the complaint or proceeding with the same and due to said difference, complaint cannot be dismissed--Needless to add that during trial of the case, accused persons would have every opportunity for cross-examining the complainant and other witnesses, bringing their oral as well as documentary version on the record and to falsify the allegations mentioned in the complaint, they would have also opportunity to produce evidence in their defence as…

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