Monday, 7 April 2014

Can Appeal be filed if a private complaint is dismissed?

The answer is no because the only remedy available in case of dismissal of Private Complaint under section 203 of Criminal Procedure Code, 1898 is revision. This revision is filed under the provisions of section 239-A of Criminal Procedure Code, 1898.

Now the question arises that if the court of session dismisses revision in case of dismissed complaint what is the remedy?

There is no remedy against such dismissal. Revision of Revision is not possible. However, when there is no remedy available in any court of Pakistan an aggrieved person can directly approach High Court under Article 199 in such situation. That means a Writ Petition can be filed if revision against dismissal of a private complaint gets dismissed by the court of session.

Another Question arises that what is the time period for filing revision in case of dismissal of a private complaint. A simple and straight answer to that is 3 months because revision petitions can be filed against orders within 90 days.

Regards,
Salman Yousaf Khan
International Lawyer
+92-333-5339880

No comments:

Post a Comment

Contact International Lawyer

If you have any queries related with this post you can contact at internationallawyerinfo@gmail.com

Regards,
Salman Yousaf Khan
Chairperson
International Lawyer
+92-333-5339880