Legal Question in Criminal Law in Pakistan
I have registered case 489f and accused has been released from court after pre-arrest bail(infractuous) based on.
1-Favourable report has been obtained by FIA (Signature foregerry) and bank record has been changed (Temperring) by accused with consulation of i/o police and stated in inquiry report that compainanat has return the amount which borrowed (fact is different).
2-Further inquiry is requested to seniour police official by compainant and SP in his letter stated that orignal receipt is not provided by accused in his inquiry and bank record is changed/temperring and advised to i/o to collect more record from bank and send the same to lab (other than FIA).
3. i/o is now relectant to get more cheques/record from bank because he is supporting to accused if record collected it will proved that accused has changed the bank record.
From the last 2 months i/o is not cooperating with compainant and inquiry is pendding. IN SUCH SITUATION WHAT SHOULD I DO.
Complain to human right (Federal High court).
Private complain (Istighasa)
37 cpc suit or both
or wait for inquiry but actually high police officials are supporting to accused as he in inflluental.
submit the case to media against police.
or ther ways please advise need suggestion from seniour lawyers.
2 Answers from Attorneys
As a lawyer i would like to suggest that the complainant with out submitting his case to media or filling suit uner order 37 of cpc and with out approaching to human rights, he could easily file complaint uner section 22-A(1)(2)(6) of cr.p.c before Justice of the Peace ie Sessions Judge of the District,
suit under 37 CPC is advisable in this situation, you will (your attorney) have more control over the situation and can have all the documents placed on record, can be fetched or procured from any source or settled records.wont have to tail every one , as you have to do in police complaint case. meanwhile do every possible effort to complete this police complaint case.. and take this to its logical end.
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