Law: Code of Criminal Procedure, 1898

Section: 200, 190, 202, 561-A, 173, 4(2)

Summary of Case The complainant filed a Criminal Revision Application challenging the order of the Special Judge, Anti-Corruption (Provincial), Karachi, whereby the application for summoning additional accused in a private complaint under Section 200 Cr.P.C. was dismissed. The complainant alleged corruption and irregularities in the awarding and execution of 30 Annual Development Plan (ADP) schemes and sought inclusion of additional accused persons. The Trial Court refused to summon them, holding that summoning an accused is a discretionary judicial power and that no sufficient incriminating material was available against the proposed accused. The complainant argued that after taking cognizance, the Magistrate had authority under Section 190 Cr.P.C. to summon additional accused and that refusal caused miscarriage of justice. The Court examined the investigation report and found that no incriminating evidence existed against the proposed accused. It held that summoning an accused cannot be done mechanically on the basis of allegations alone; there must be prima facie material connecting the person with the offence. The Court relied on the principle that judicial discretion under Sections 190, 200–202 Cr.P.C. must be exercised based on evidence and not conjecture. Since the Trial Court’s order was not illegal or perverse, the revisional jurisdiction was not justified. The Criminal Revision Application was dismissed. Sections / Provisions Used Section 200, Criminal Procedure Code, 1898 Private complaint procedure. Section 190, Criminal Procedure Code, 1898 Cognizance of offences by Magistrate. Section 202, Criminal Procedure Code, 1898 Inquiry/investigation before issuance of process. Section 561-A, Criminal Procedure Code, 1898 Inherent powers of High Court. Section 173, Criminal Procedure Code, 1898 Police investigation report. Section 4(2), Criminal Law (Amendment) Act, 1958 Application of Cr.P.C. to proceedings before Special Judge. Case Description (2 Words Each) Additional Accused Summoning Dispute   O R D E R  This order will dispose of the appeal / revision filed by the complainant assailing the Order dated 18.07.2025 (“Impugned…