Law: Code of Criminal Procedure, 1898

Section: 202

Law: Constitution of Pakistan, 1973

Section: 199

(a) Criminal Procedure Code (V of 1898)-------S. 202---Constitution of Pakistan (1973), Art. 199---Constitutional jurisdiction of High Court---Registration of case---Adequate remedy---Filing of private complaint in Court is an adequate and proper remedy where the persons are aggrieved of the dishonesty, partiality or misconduct on the part of the police officials, rather the same is in fact a better remedy in such situations-- -Reasons stated.The insistence of a person ire being thrown back into the clutches of the same police employees who were the alleged offenders, was not understandable it was to cater for such like situations that the framers of the Criminal Procedure Cod, kept the provision in the Cr.P.C. for filing of complaint whereby the persons who were aggrieved of the dishonesty, partiality or misconduct on the part of the police officials had been enabled to ignore the police station and to directly reach a Court of law where the matter ultimately has to reach even, if one went first to the police station.It cannot be said that filing of complaint was not an adequate or a proper remedy in such-like situation. The same is in fact a better remedy in such situations for more than one reasons. Firstly, the Courts of law do not ordinarily supervise or monitor the investigation which has been declared to be the exclusive domain of the Investigating Agency. Therefore, whatever might be done by the Investigating Officer after the registration of the case would not be amenable to any correction by any Court of law including this Court. As against this, the proceedings pursuant to the complaint are judicial proceedings and the revisional Courts or the supervisory Courts always have the power to intervene to rectify the wrong if any creeping into such like proceedings. Secondly, a bare perusal of section 202 of the Cr.P.C. would indicate that even investigations are envisaged in pursuance of a complaint which investigation held under the direction of a Court of law and which could be directed to be conducted not just by the local police and not even by the police officials but by any person, is normally expected to be more independent and a more fruitful…