| Citation(s) |
|---|
| 2023 SLG 1235 2023 SLD 1235 2023 PLJ 361 |
Lahore High Court
Crl. Rev. No. 56556 of 2020, decided on 13.5.2022. Date of hearing: 13.5.2022.
CRL. REV. NO. 56556 OF 2020, DECIDED ON 13.5.2022.
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Crl. Rev. No. 56556 of 2020, decided on 13.5.2022. Date of hearing: 13.5.2022.
CRL. REV. NO. 56556 OF 2020, DECIDED ON 13.5.2022.
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SAJJAD ALI
VS
LEARNED ADDITIONAL SESSIONS JUDGE, MANDI BAHA-UDDIN and 12 others--Respondents
Law: Criminal Procedure Code (V of 1898)
Section: 200,203,202,204,249-A/265-K,22-A(6),435, 439
Criminal Procedure Code, 1898 (V of 1898)-- ----S. 200--Examination of complainant--Procedure for entertaining a private complaint--After receiving private complaint concerned Area Magistrate shall immediately examine complainant on oath and his statement will be recorded and signed by him as well as learned Magistrate--In this way, other material/evidence of complainant should be brought on record after resolving controversy. [Pp. 367 368] A Criminal Procedure Code, 1898 (V of 1898)-- ----S. 203--Dismissal of complaint-- Section 203, Cr.P.C. pertains to submission of complaint or transfer or its dismissal--The said section] is described as under: 203. Dismissal of complaint: [The Court], before whom a complaint is made or to whom it has been transferred, 2s [or sent] may dismiss complaint, if, after considering Statement on oath (if any) of complainant and result of investigation or inquiry (if any) under Section 202 there is in his no sufficient ground for proceeding--In such cases he shall briefly record his reasons for so doing. [P. 368] B Criminal Procedure Code, 1898 (V of 1898)-- ----S. 202--The material produced on record in shape of cursory evidence and result of investigation or inquiry, if any, under Section 202, Cr.P.C. learned trial Court will pass an order for issuance of process against accused if sufficient ground is available for proceeding, in case of otherwise, dismissal of complaint, no other evidence can be considered by it at that stage. [P. 368] C Criminal Procedure Code, 1898 (V of 1898)-- ----S. 204--Issue of process--It is settled proposition of law that requisite conditions mentioned in Section 204, Cr.P.C. are availability of sufficient grounds which can satisfy Court for issuance of process against accused to appear in Court--Availability of some evidence on record is sufficient for summoning of an accused--Section 204, Cr.P.C. provided…
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