7
Crl.P. No. 225 of 2023
after filing a complaint, if subsequently, it surfaces that some
person(s) other than the one(s) named in the complaint is/are also
connected in commission of the offences, the Federal Government,
the Provincial Government or an officer empowered by either of the
two Governments, as the case may be, may pass an order for filing
of a supplementary complaint against them with all the stated
details. In any case, before submitting a complaint, the authorities
concerned must conduct a preliminary inquiry in order to avoid
frivolous, malicious and purposeless prosecution. Similarly, the
Magistrate upon receiving a complaint and before assumption of
the jurisdiction, must cross the threshold by applying his mind
and analysing the evidence, in order to determine its jurisdiction
and to ascertain that on the basis of the available material, charge
can be framed. The Magistrate, if satisfied, that prima facie case
against the nominated person is made out, he can then initiate
judicial
proceedings
against
the
person
nominated
in
the
complaint. If he reaches a conclusion that the complaint or the
supplementary complaint has been filed by an unauthorized
person or that the same suffers from mandatory requirements of
section 196 or he lacks jurisdiction, he should not issue process in
a mechanical manner, rather, should refrain himself from initiating
judicial proceedings. The exercise of inherent powers assigned to
the Courts to preserve and protect the rights of the citizens is a
mandate of the Constitution, whereas, non-exercise of such powers
is a violation of the Constitution and law, hence, is an illegality.
The Courts instead of becoming an apparatus for malicious and
purposeless judicial prosecution by entertaining baseless and
frivolous complaints must exercise their powers in accordance with
law, without fear and favour. If the Courts overlook such
constitutional mandate and fail to exercise their inherent powers,
it will harm the integrity, impartiality, and independence of our
criminal justice system. It will undermine and erode the public
trust and confidence in our Courts.
7.
Our Constitution is a sacred document and a social contract.
The Constitution makers incorporated in it the principle of