Muhammad Ayaz Khan vs Ms — 2025 PCrLJ 1109 ISLAMABAD

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Muhammad Ayaz Khan VS Ms. Iman Haider Syed Ss. 200 & 417(2)---appeal against acquittal, filing of---Private complaint dismissed in default---appeal against acquittal in a case instituted upon a (private) complaint---Scope---Private complaint was filed, but the cursory statement of the complainant had not yet been recorded due to his non-availability and complaint was dismissed due to non-appearance of the complainant and for non-compliance with the persistent orders of the Court---Validity---Complaint was dismissed at the initial stage; it had not yet been processed under S.204, Cr.P.C, and no notice or summons had been issued to the accused---When the summons is issued and the case is fixed for the attendance of the accused, the Court can dismiss the case for non-prosecution due to the non-appearance of the complainant and consequently acquit the accused---In the present case, no process was issued to the accused for attendance---Trial of an accused commenced when the accused was summoned and charge was framed against him---Case of the appellant/complainant did not fall under S. 403, Cr.P.C, as neither the accused was summoned, nor the charge was framed against the accused, resultantly he was neither acquitted nor convicted---Furthermore, in the Explanation of S.403, Cr.P.C it was mentioned that the dismissal of a complaint and stopping of proceedings under S.249, Cr.P.C [or the discharge of the accused] was not acquittal for the purposes of this Section---Dismissal of the complaint did not amount to acquittal of the accused, therefore, S.403, Cr.P.C would not be applicable in the present case---In the present case, since the proceeding were at a preliminary stage and the complaint was dismissed under S.403, Cr.P.C, that did not constitute an acquittal of the accused---Therefore, an appeal under S.417(2-a), Cr.P.C, could not be filed---appeal being not maintainable was dismissed.

Muhammad Ayaz Khan vs Ms — 2025 PCrLJ 1109 ISLAMABAD

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