Legal Question in Criminal Law in Pakistan
I want to ask regarding private complaint (Istaghasa). If private complaint is admitted after preliminary statements, this means that trial is started or there is any other legal formality between submission of complaint and trial? secondly, in trial of private complaint, can we request court to order some investigation regarding the complaint by the concerned police or not? Can court accept this request or directly trial will be started?
2 Answers from Attorneys
court it self conducts inquiry through police where it deem necessary.although attention of the court can be drawn to certain points or aspect.
Dear, when we file criminal complaint court examines the complainant and witnesses on oath forthwith, then court as a matter of procedure orders an inquiry or investigation by the investigating agency depending on circumstances of the case and after such inquiry or investigation court can dismiss complaint if court does not find sufficient evidence available in result of such inquiry or investigation. If after inquiry or investigation court does not dismiss complaint it shall procure the attendance of accused person by summons/warrants as the case may require. when the accused is called by such summons/warrants it is deemed that trail has now begun against that accused person. complainant can also press upon the court for order of investigation of the matter related to the case.
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