استغاثہ میں الزام علیہہان کو بطور ملزم طلب کرنے کیلیے ٹرائل کورٹ کو کون سے عوامل مدنظر رکھنے ضروری ہیں۔

 PLD 2025 SC 40

سپریم کورٹ کا تازہ ترین رہنما فیصلہ

The provisions of Sections 202, 203, and 204 of the Cr.P.C. require trial courts to conduct a thorough examination of the evidence supporting allegations made against individuals. In this context, the trial court must consider not only the factual basis for the accusations (naeem)but also the underlying purpose of bringing those charges forward. This includes evaluating whether there is a legitimate objective behind the allegations or if they serve to unjustly target or harass the accused. Moreover, the trial court should assess the possibility of victimization, ensuring that individuals are not subjected to legal actions that could lead to unnecessary distress or humiliation.

A careful analysis of the provisions of Sections 201 and 202 of the Cr.P.C. reveals that the purpose of inquiry or investigation under Section 202 Cr.P.C. is to enable the Court to scrutinize allegations thoroughly, with the aim of protecting a person complained against from being summoned to face frivolous accusations. Section 202 of the Cr.P.C is, in fact, an enabling provision that empowers the Court to conduct an effective inquiry into the truthfulness or otherwise of the allegations (naeem)presented in the complaint. This inquiry serves to help the Court form an opinion as to whether there are sufficient grounds to proceed further. (copied by noor alam khan from the page of syed naeem ali advocate)Therefore, the inquiry or investigation under Section 202 of the Cr.P.C is not a futile exercise and must be considered by the Court when deciding whether or not to issue process.

Criminal Petition No. 165-K/2022

Muhammad Rajar Versus The State