MUHAMMAD RAJAR vs State Ss — 2025 PLD 40 SUPREME-COURT

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MUHAMMAD RAJAR VS State Ss. 200, 201, 202, 203 & 204---Direct complaint under section 200, Cr.P.C.---Inquiry or investigation under Section 202 of the Cr.P.C---Purpose---Factors to be considered by the Court---Provisions of Sections 202, 203, and 204 of the Cr.P.C. require Trial Courts to conduct a thorough examination of the evidence supporting allegations made against individuals---In this context, the Trial Court must consider not only the factual basis for the accusations but also the underlying purpose of bringing those charges forward---This includes evaluating whether there is a legitimate objective behind the allegations or if they serve to unjustly target or harass the accused---Moreover, the Trial Court should assess the possibility of victimization, ensuring that individuals are not subjected to legal actions that could lead to unnecessary distress or humiliation---Careful analysis of the provisions of Sections 201 and 202 of the Cr.P.C. reveals that the purpose of inquiry or investigation under Section 202, Cr.P.C. is to enable the Court to scrutinize allegations thoroughly, with the aim of protecting a person complained against from being summoned to face frivolous accusations---Section 202 of the Cr.P.C is, in fact, an enabling provision that empowers the Court to conduct an effective inquiry into the truthfulness or otherwise of the allegations presented in the complaint---This inquiry serves to help the Court form an opinion as to whether there are sufficient grounds to proceed further---Therefore, the inquiry or investigation under Section 202 of the Cr.P.C is not a futile exercise and must be considered by the Court when deciding whether or not to issue process.

MUHAMMAD RAJAR vs State Ss — 2025 PLD 40 SUPREME-COURT

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