Afshan Hussain vs Muhammad Shahzad Ss — 2026 YLR 790 LAHORE-HIGH-COURT-LAHORE

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Afshan Hussain VS Muhammad Shahzad Ss. 420, 468, 471 & 489-F---Criminal Procedure Code (V of 1898), Ss. 204 & 561-A---Cheating, foregery and dishonoring of cheque---Quashing of proceedings---Private complaint---Summoning of accused---Pre-conditions---Petitioner/accused assailed notice issued by Trial Court, whereby petitioner/accused was summoned to face trial in private complaint filed by respondent/complainant---Validity---In order to constitute offence, complainant was to disclose existence of both basic ingredients namely unlawful act "actus rea" and criminal intent "mens rea" on the part of petitioner/accused---Before issuing process, the Court was under obligation to satisfy itself for the purpose of ascertaining truth or falsehood of respondent/complaint as to the existence or non-existence of sufficient grounds to issue process against petitioner/accused---Main object of dealing with examination of complaint under S.200, Cr.P.C was to protect public from false, frivolous and vexatious complaints filed against them---Trial Court could not proceed to issue process against accused until and unless, it was satisfied that prima facie case had been made out against those who were accused of alleged criminal offence---Respondent/ complainant filed complaint as counterblast, who himself was guilty of offence for which a separate criminal case had already been registered against him and after remaining unsuccessful at all forums to achieve his nefarious designs, he filed private complaint against petitioner/accused who was pressing hard since long on the basis of criminality of respondent/complainant---High Court set aside orders passed by Trial Court as well as Lower Appellate Court as the same were in sheer violation of law---Petition was allowed, in circumstances.

Afshan Hussain vs Muhammad Shahzad Ss — 2026 YLR 790 LAHORE-HIGH-COURT-LAHORE

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