How to file a Criminal Complaint

COGNIZANCE OF OFFENCE BY THE MAGISTRATE:U/SEC:190(1)

All magistrate of first class or any other magistrate especially empowered by the provincial government on the recommendation of high court may take the cognizance of any offence;

  1. Upon receiving a complaint of facts which constitute such offence;
  2. Upon a report in writing of such facts made by any police officer;
  3. Upon information received from any person other than police officer or upon his own knowledge.

 

PROCEDURE UPON RECEIVING OF COMPLAINT: U/190

Magistrate is empowered to take cognizance of an offence upon receiving a complaint of facts which constitute such offence.

 

Examination of complaint: u/sec: 200

On receiving of complaint the magistrate shall examine the complaint upon oath and shall reduced into writing the substance of the complaint and shall signed by the complainant and magistrate.

 

Inquiry and investigation on complaint: u/sec: 202

After examination the court postpone the issue of process for compelling the attendance of the accused person and to enquire into the case itself or direct and inquiry or investigation to be made by any justice of the peace or by a police officer.

A court of session may also direct the investigation to be made by a Magistrate sub-ordinate to it for the purpose of ascertaining the truth or falsehood of the complaint.

 

In case where complaint based on insufficient Ground: u/sec: 203

The court may dismiss the complaint where after investigation the court found insufficient ground to entertain such complaint. The court shall record the brief statement on such grounds.

 

Issuance of process in case where there are sufficient ground for proceedings. u/sec: 204

If in the opinion of the court where there are sufficient grounds to entertain the complaint the court shall issue summons or arrest warrant for the attendance of accused.

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حَسْبِيَ اللَّهُ لاَ إِلَهَ إِلاَّ هُوَ عَلَيْهِ تَوَكَّلْتُ وَهُوَ رَبُّ الْعَرْشِ الْعَظِيمِ

“Allah is sufficient for me. There is none worthy of worship but Him. I have placed my trust in Him. He is the Lord of the Majestic throne.”