I have filed a private complaint u/s 200 CrPc to the court of sessions. An inquiry was initiated on the order of district judge, on receiving the result of inquiry my complaint was turned down.
Now i have filled a writ petition U/A 199 Constitution of Pakistan by making the respondents
1- The Session Judge
2- All those persons in my private complaint.

What discrepancy you see in my petition?


Dear Imran u hav't understand my question. I have asked abt the discrepancy in the petition which i have filed to the High Court U/s 199 Constitution of Pakistan.

Ans: The complaint shall be filed to the court having cognizance of the related crime. It can be either Magistrate or the court of Session. If the complaint is filled to the court not having cognizance he shall send a reference to the Session Judge and then the Session judge will entrust it to the court having cognizance of that offence.
Now my real question was that after recording cursory evidence, an inquiry was initiated by the order of session judge which resulted against me. So he rejected my complaint. Now i have filled a writ petition U/A 199 Constitution of Pakistan against the order of session judge by making the respondents
1- The Session Judge
2- All those persons in my private complaint.

Firstly the writ petition u/a 199 Constitution of Pakistan would not lie against the order of session judge rather a revision will lie to the high court, the reason behind this issue is that writ petition u/a 199 Constitution of Pakistan lies only to the administrative order and not to the orders as a judge of court. Orders for petition u/s 22A,22B Crpc is an example of administrative order. Where the judge of the court work as a justice of peace constitutional petition is the remedy available to the aggrieved person.

Secondly I had made two persons as my respondents one is that session judge who passed an order against me and second my real respondent/accused against whom i need remedy. Now my complaint was rejected on initial stage when no accused was summoned. So i could not make them respondents in my petition. Rather i m giving a chance to the accused/respondents to be heard before my complaint is admitted.

ok. i hope next time you will ask your question in detail?

let me know if a person is accused u/s 279, 320 ppc for an accident.

will he be excused on the ground mentioned in section 80.

you told that u filed a complaint u/s 200 crpc with the sessions .

so am i wrong on holding that it must have been filed with magisterate as mentioned in section 200.

and 22-A is something different from section 200

dear i have asked my question in detail, i think u have not go through it in detail. and as far as the question is concerned that complaint can only b filed to the magistrate is not correct u can read the proviso a of sec 200 Crpc
Provided as follows:
(a) when the complaint is made in writing, nothing herein contained shall be deemed to
require a Magistrate to examine the complainant before transferring the case under
Section 192 [or sending it to the Court of Session];


i have discussed in detail in my answer the two aspects of a District Judge that he is also acting the duties of an ex-officio justice of peace, when he will act as justice of peace, constitutional petition shall lie against his order. sec 22a was jst an example for you. As in the petition of 22A you seek the remedy from the justice of peace, read the sec 22A. Disposing the complaint is not an administrative order so revision shall lie against it.

Always read the msg with ur full concentration and then try to understand it.


To clear your concept that whether complaint only be filed to the magistrate, I give you an example.
A trail of murder is pending in the court of ASJ Lahore and the FIR shows the offences of 302,34 ppc. You are the counsel of complainant part. Now my client is not satisfied with the investigation nor proceedings conducted by the prosecution, You advise him to file the complaint u/s200 for the same offences, in which court you will file the complaint?? Magistrate or that ASJ in whose court chalan is already pending. You will certainly file the complaint to the ASJ.

I think this is enough for you to understand.

__________________
ali rizvi
advocate high court

ok sir....

let me know if a person is accused u/s 279, 320 ppc for an accident.

will he be excused on the ground mentioned in section 80.

sec 279 only relates with endanger of human life and its punishment is 2 years and certainly is a bailable offence where as the sec 320 ppc is relate with qatl-i-khata by rash or negligent driving and its punishment is 10 years. Sec 80 describes about Accident in doing a lawful act. So the circumstances varies in case to case and situation to situation. For this purpose cirsumstatial evidence will be of great importance. The statements u/s 161 crpc of the eye witnesses must carry a great weight. Kindly read the relevant sec.

__________________
ali rizvi
advocate high court

A.A. brothers Ali and Imran both of you, are sharing very useful information thanx for this. I wana you throw light on the procedure of crimninal case and civil case . i have not seen any proceeeding of court yet. my question is that;
Q:- what is procedure of civil and criminal court what are the basic difference in both of these. also metion when and where appeal, revision review lie plz explain with example, coz example clear the mind effectivly.
my second q is
Q:- what is administrave order and judicial order and which court issue these?

civil
============

stepwise stages of suit...
=============
1.Institution of suit.
2. issuence of process and attendance of defandant.
3.written statement by the defendant.
4. framing of issues.
5. evidences of both the parties.
6. arguments.
7. order, judgement and decree.
8. execution of decree

criminal proceedings
====================
instituted through F.I.R or complaint.or according to section 190 sub section 1 clause(c) the magistrate may take cognizance of offence upon the information of any person other than police, or upon his knowledge or suspicion that an offence has been committed

PROCEDURE FOLLOWED BY MAGISTRATE WHILE CONDUCTING A TRIAL:
================================================== ==
================================================== ==

before mentioning the procedure followed by the magistrate while conducting a trial, the magistrate takes cognizance of the offence in different three ways, which are mentioned in section 190 of the criminal procedure code and are as follow:

(a) upon complaint.
(b) upon police report or FIR
(c) upon information of any person other than police.


A trial is conducted by the magistrate in accordance with the following procedure provided in crpc.

1. Submission of charge sheet or challan or inquiry report:
============================================

The procedure in court for conducting a trial of an offence begins after the inquiry or investigation.

Under section 173 crpc, the police officer made charge sheet which is also known as challan or completion report, and forward the same through public prosecutor to magistrate who has jurisdiction for conducting the trial.


2. Commencement of proceeding:
===========================================

according to section 204, if in the opinion of the court taking cognizance of an offence, there are sufficient grounds for proceedings, then if the case appears a summon case, summon shall be issued for the attendance of accused, and if the case appears a warrant case, a warrant may be issued for causing the accused to be brought before the court.


3. Procedure in trial of case
============================================

According to chapter 20 of the crpc, section 241-A states that the court shall supply free of cost all statements and documents to the accused, not less than seven days before the commencement of trial.


4. Charge to be framed.
=========================================

According to sections 242 and 243 crpc, when the accused appears or is brought before the magistrate, a formal charge shall be framed relating to the offence of which he is accused.

And he shall be asked whether he pleads guilty or not, If he pleads guilty, his admission shall be recordedin words used by him. If the accused says "i do not plead guilty I claim trial", then the court is bound to proceed according to law by examining the witnesses of the prosecution and defence.


5. Examination of witnesses:
==========================================

According to section 244, the magistrate shall on the application of complainant or accused, issue summon to any witness directing him to attend or to produce any documents or materials.

So firstly it is the duty of complainant to call his witnesses for recording evidence under section 164 crpc, for the purpose of proving his allegations, which he has imposed on accused.

Secondly , the magistrate is bound to examine all the witnesses produced by the accused in his defence.

At the time of recording statement of every witness, the following are the rights of either party:-

A)-- To examine-in-chief, the witness, "the party who call it"

B)-- To cross-examine, " every witness of adverse party".

C)-- To re-examine the witness, " the party who called it if necessary".



6. An opportunity to the accused for giving statement.
===========================================

At this stage of trial the court gives an opportunity to the accused, that if he wants to prove himself innocent, he may record his statement in this behalf.

According to section 340 sub section 2 of crpc, Any person accused of an offence before a criminal court , such accused if he does not plead guilty may record his statement on oath in disproof of the charges or allegations levelled against him, and after this, the accused shall be cross-examined by the prosecution.

7.Arguments.
===================================

The accused should be at liberty at all times to be defended by a pleader, and at this stage of the trial , the pleader of the accused and public prosecutor may give their arguments in respect of legal and factual questions involved in the case.


8. Order of acquittal or sentence.
==================================

According to section 245 crpc, if the magistrate upon taking the evidence referred in section (244), and such further evidence if any, and after examining the accused, finds the accused not guilty, the magistrate shall record an order of his acquittal.

Where the magistrate upon taking the evidence referred in section (244), and such further evidence if any, and after examining the accused, finds the accused guilty of an offence, he shall pass a sentence upon him...

thanx Imran brother. now let me know what is summon case and what is warrant case? and i had asked about administrative order and judicial order