Legal Question in Criminal Law in Pakistan
AOA Dear Experts
i have one question please clear me
2 years back one party want to launch FIR againast me through 22 a 22 b and i have won the case now he want to submit "Istagaza" so can u tell me what is this and how it is possible if HC courts give decision that no need to launch fir then how it is possible tell me the remedy of this also
3 Answers from Attorneys
Dear Concerned:
If a party fails to take assistance from the state for prosecution of a crime then the law provides such party alternate remedy to file a private complaint against the accused person. In such situation, the complainant has to collect and bring forth before the court relevant evidence against the accused. You may understand that in a state case (based on FIR), it is police�s duty to collect evidence and bring it before the court to get the accused person punished.
Thus, the party approaching the court for filing private complaint is doing what is allowed by the law (see sections 200 to 205 of Criminal Procedure Code, 1898). You have to contest the case. For further assistance, you may contact at [email protected] or call at 0333-4057077.
Thank you
Dear, Complainant has right to file ISTIGHASA against you and when you will be called in response to said ISTIGHASA then you can plead for your defense and provide all the documents relevant to the case. For more consultation you can call me on 0333-8081297 or email me on [email protected]
You did not disclose what are allegations against you.Anyhow it is important to see on what grounds 22 a petition was dismissed.Complaint can be filed against you but if proper procedure is followed you will not not be called by court and first complainant would be required to bring prima facie evidence and complaint may be dismissed by court without even calling you if no credible evidence is produced.Depending what are the facts of the case you may move application for acquittal or for quashment proceedings before highcourt.For further assistance you can email at [email protected]
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