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Crl.P. No. 225 of 2023
available on the record, it has to dismiss the complaint by
exercising powers under section 203 of the Code. Where the Court
is of the opinion that there are sufficient grounds to take
cognizance of the matter upon the complaint, only then the judicial
proceedings can be commenced by adopting a method as provided
under Chapter XVII of the Code.
5.
The intent of the legislature is to limit a Government to
prosecute a person for offences mentioned in section 196 of the
Code, only upon a complaint in Court, instead of registration of an
FIR, to ensure transparency and impartiality. A complaint is filed
before a Judicial Magistrate, who being a judicial officer, is free
from the Government’s influence. He is supposed to perform his
functions fairly, efficiently, without any pressure and interference.
On the other hand, the police officials, who are part of executive,
are admittedly in subordination to the Government(s) concerned,
therefore, an independent investigation cannot be expected.
However, prosecution in offences other than those mentioned in
section 196 of the Code can be initiated through an FIR, as
provided by section 154 of the Code.
6.
It is a well settled principle of law that when a law stipulates
that some thing has to be done in a prescribed manner, it must be
done in that manner and should not be done otherwise. The object
and purpose of giving power only to the Government concerned or
an officer empowered in this behalf for filing a complaint is to
prevent unauthorized persons from initiating judicial proceedings
in respect of State prosecution regarding the stated offences. This
is to ensure prevention of human rights violations and to ensure
prevention of purposeless, malicious, and frivolous prosecutions.
Thus, in order to prosecute a person for offences mentioned in
section 196, firstly, there must be a complaint only by an order of
the Federal Government or the concerned Provincial Government
or by an officer empowered in this behalf by either of the two
Governments. Secondly, the complaint must contain the name of a
person(s), against whom proceedings are required to be initiated
and all the details in respect of the alleged offence(s). Moreover,