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Mst. KANEEZ MAI vs JUDGE, ANTI-TERRORISM COURT Ss — 2022 PCrLJ 1437 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 PCrLJ 1437 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
PCRLJ
Parties
Mst. KANEEZ MAI vs JUDGE, ANTI-TERRORISM COURT Ss
Subject matter
Criminal
Provisions referred to
S. 201; S. 202

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mst. KANEEZ MAI VS JUDGE, ANTI-TERRORISM COURT Ss. 200, 201, 202, 203 & 204---Examination of complainant---Magistrate not competent to take cognizance of the case---Procedure---Postponement of issue of process---Dismissal of complaint---Issue of process---Scope---After receipt of complaint, if complaint is made in writing to a Magistrate, who is not competent to take cognizance of the same, he shall return the complaint for presentation to the proper court under S. 201 of Cr.P.C.---However, after receipt of complaint by the Magistrate, who is competent to take cognizance of the case, Magistrate, at the time of taking cognizance on a complaint, has to at once examine the complainant upon oath and reduce the substance of the examination to writing, which shall be signed by the complainant as well as Magistrate---Thereafter, Court can postpone the issuance of process for compelling the attendance of the person complained against and either inquire into the case itself or direct any inquiry or investigation to be made by the Justice of Peace or by a police officer or by such other person for the purpose of ascertaining the truth or falsehood of the complaint---Court may dismiss the complaint if after statement of the complainant recorded on oath and result of investigation or inquiry, if any, under S. 202, Cr.P.C., in judgment of the Court there is no sufficient ground for proceeding---If Court considers that there is sufficient grounds for proceeding, then it shall issue process for attendance of the accused in the complaint.

Other judgments reported in 2022 PCRLJ

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