Legal Question in Criminal Law in Pakistan
Private complaint is lodged for case 489f of Rs. 800,000/- (FIR still exist) against police, accused & bank, all are involved in forgery by tempering bank record & obtaining favourable report from FIA received for mismaching signature. The case private complaint/isteghasa is under proceeding & accused has obtained pre-arrest bail in same court.
In addition, applicant also changed investigation officer I/O & advised by senior officer police to collect more record from bank for silala lab (further verification). Now i/o told IG is party n involved from accused side and strictly advised to new i/o not to collect data from bank otherwise if fresh report is against accused there will be problem for the police (i/o, dsp & ig fully helped the accused for prepration of inquiry, fake ducument, tempering in record, declaring innocent & other). However court has not yet avised to police for collection of further record.Accused taking plea that his cheque was stolen and dishonoury slip cheque stolen/stop payment coloumn is not ticked.
In such situation i should trust only on magistrate/judge or insist to i/o for record or i should again file petion under 22a before session judge or high court or any other way please. I will thankfull to you.
How much time is required for finalising the isteghasa/private compain?.
1 Answer from Attorneys
1. As for as the completion of the proceedings under the private complaint is concerned, that
should not take long time. As the justice delayed is justice denied. Any way it will take not
more than two months to complete.
2. If you want to make the IG of the police as respondent in his personal capacity, than you will
have to write his name first then his designation.
3. Go for the petition under 22 a first then if you feel that no positive response is received according to your satisfaction then, go to the High Court in writ jurisdiction.
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