Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 200 & 202---Non-examination of complainant on oath---Effect---Without following provisions of S.200, Cr.P.C. which were mandatory for examination of complainant on oath, Sessions Judge could not send the complaint for inquiry, as the provision was of mandatory nature. (b) Criminal trial--- ----Procedure---Presence of complainant---Necessity---Presence of complainant is that of utmost legal necessity---Presence of Advocate of complainant is not sufficient to deny the right of audience to him. (c) Criminal trial--- ---- Summoning of parties---Procedure Complainant, the prosecution witnesses, the accused persons, the defence witnesses and the Court witnesses are to be got served through the police. (d) Criminal Procedrue Code (V of 1898)--- ----S. 247---Offences cognizable or non-compoundable ---Application of S.247, Cr.P.C.---Provisions of S.247, Cr.P.C. shall not be applicable in offences which are cognizable or non-compoundable. (e) Criminal Procedure Code (V of 1898)--- ----Ss. 190 & 200---Dismissal of private, complaint on accouht of non­apprearance of complainant---Validity---Where private complaint was filed for prosecution of accused for cognizable or non-compoundable offences, the same could not be dismissed in default due to non-appearance of the complainant. Muhammad Sharif v. The State 1981 PCr.LJ 704 ref. (f) Criminal Procedure Code (V of 1898)--- ----Ss. 190, 200, 202 & 203---Penal Code (XLV of 1860), S.302---Dismissal of private complaint on account of non-appearance of complainant---Complainant filed a private complaint being dissatisfied by police investigation---sessions Judge did not examine complainant on oath before same was sent for inquiry--­Inquiry Judge did not summon the complainant through the police but counsel of complainant was informed---Complaint was dismissed for the reason of non-appearance of the complainant---Validity---Held, there a laxity on the part of the Inquiry Judge who proceeded in routine and conducted himself in a perfunctory manner---Case was remanded in circumstances. Noor Elahi v. The State and others PLD 1966 SC 708 ref. JUDGMENT Khan Muhammad…

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