Law: Criminal Procedure Code (V of 1898)

Section: 200

Law: Illegal Dispossession Act, 2005

Section: 5

(a) Criminal Procedure Code (V of 1898)---.--- ---.---S. 200---.---Examination of complainant---.---Scope---.---Language of S.200, Cr.P.C. does not lead to the inevitable inference that the examination of complainant is a sine qua non of valid proceedings in all circumstances---.---Where complaint has been made by a court or by a public servant, S.200, Cr.P.C. expressly declares that there is no need of examination of the complainant before issuing process---.---Criminal Procedure Code, 1898, does not contain any provision to the effect that a failure to follow the provisions of S.200, Cr.P.C. regarding examination of the complainant entails invalidation of the proceedings taken---.---Non-examination of the complainant amounts to a mere irregularity and apart from the question of prejudice, would not be sufficient to vitiate the proceedings. Najam Sethi, Editor-in-Chief, "Aaj Kal" v. (1) Kari Shamim Ahmed Anjum, Senior Member, Zili Aman Committee, (2) Pervaiz Iqbal Butt M.I.C., Faisalabad 2003 YLR 533 ref. (v) Illegal Dispossession Act (XI of 2005)---.--- ---.---S. 5---.---Criminal Procedure Code (V of 1898), S.200---.---Investigation and procedure---.---Examination of complainant---.---Court has a discretion under S.5 of the Illegal Dispossession Act, 2005, to entrust inquiry to Officer In charge of the police station and thereafter, comes the cognizance---.---Recording of the statement of the complainant before taking any other step in the proceedings, is not an essential requirement for proceeding under the Illegal Dispossession Act, 2005---.---However, after the Court decides to take cognizance, then it must start with recording statement under S.200, Cr. P. C. (c) Illegal Dispossession Act (XI of 2005)---.--- ---.---Preamble---.---Scope of Illegal Dispossession Act, 2005---.---Although in the preamble the words "property grabbers" have been used and also used in the plural, yet the preamble despite deserving due weight, does not have the same weight as by the words used in the Act. Attorney-General v. H.R.H. Prince Earnest Augustus of Hanover (1957) A.C. 436 ref. (d) Interpretation of statutes---.--- ---.---Preamble---.---Scope and…