Law:

Section:

(a) Criminal Procedure Code (V of 1898)--S.203---Dismissal of complaint without preliminary inquiry ---Validity--­Complaint can be dismissed without having preliminary inquiry as no such embargo has been placed on the Court concerned---However, such discretion must be exercised judiciously with diligent application of mind and not in an arbitrary or capricious manner. 1996 PCr. LJ 1615 ref. (b) Criminal Procedure Code (V of 1898)---- ----Ss.202 & 203--.-Inquiry in complaint---Section 202, Cr.P.C. itself negates the assertion that each and every complaint irrespective of its merits must be got inquired into, until the Court concerned thinks it fit and proper---Such is not the object of S.203, Cr.P.C. that in every case an inquiry must be held. PLD 1998 Lah. 539 and AIR 1920 Pat. 270 ref. (c) Criminal Procedure Code (V of 1898)--- ----Ss.202, 203 & 204---Procedure to be adopted an considerations to be kept in mind in dealing with complaint---Court concerned must scrutinize the contents of the complaint, nature of allegations made therein, material in support of accusations, the object intended to be achieved, possibility of victimization and harassment, if any, to ensure itself that no innocent person against whom allegations are levelled should suffer the ordeal of protracted, time consuming and cumbersome process of law. 1988 PCr.LJ 864; PLD 1984 Lah. 323; PLD 1964 Kar. 316; AIR 1963 SC 1430; AIR 1927 Mad. 19; AIR 1926 Sindh 188 and AIR 1963 SC 1430 ref. (d) Criminal Procedure Code (V of 1898)---- ----Ss. 202, 203 & 204---Expressions "if any" and "sufficient grounds for any", as used in S.203, Cr.P.C.---Significance---Frivolous and vexatious complaints to be buried at their inception---Provisions of Ss.202, 203 & 204, Cr.P.C., if read together would show that proper safeguard has been provided by the Legislature in this regard showing its intention by using the words "if any" and "sufficient grounds for any" in 5.203, Cr.P.C. and accordingly the frivolous and vexatious complaints must be buried at their inception where no prima facie case is made out. (e) Criminal Procedure Code (V of 1898)--- --S.200---Pakistan Criminal Law Amendment Act (XI,…

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