Legal Question in Criminal Law in Pakistan
Dear Experts
I have one question please
1) If someone try to execute istasa against me and all the matter which are writen under istagasa is already in HC then still istagasa is possible or not
Thanks
3 Answers from Attorneys
double jeopardy is against the law and procedure but need to see that what is actually pending before the high court. then right advise can be forwarded.if you must then call me 0323 4638149
While double jeopardy is prohibited by the law, an aggrieved person has option to file private complaint (Istighasa) either parallel to a state case (initiated on FIR) or after that (see Section 200 of CrPC). If he has already put the state machinery into motion, this may be a possible defence for you. However, you have to contest the private complaint (Istighasa) and get yourself free from it. That said, after looking into details of your case, it could be decided whether or not a stay on Complaint proceedings may be sought. For further assistance, you may contact at [email protected] or call at 0333-4057077.
One can not get the remedy twicw or put the law in motion again , when one has done so already. this is like res-sub judice. and res judicata.
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