Pir ALLY IMMRAWAN SAHAR ESSAPHEL vs JUDGE ANTITERRORISM COURT and others
This constitutional petition challenged an order passed by the Anti-Terrorism Court, which dismissed the petitioner's private complaint against the accused for offences under the Pakistan Penal Code and the Anti-Terrorism Act, 1997. The trial court had dismissed the complaint primarily on the ground of delay in filing. The core legal question was whether a private criminal complaint can be dismissed in limine solely due to the delay in its institution. The Lahore High Court held that there is no statutory limitation period for filing a criminal complaint, and delay alone is not fatal to the maintainability of a complaint unless special circumstances exist. The Court observed that the petitioner had actively pursued the matter through police channels before resorting to a private complaint, and the complaint was supported by corroborative testimony. Consequently, the High Court set aside the impugned order and directed the trial court to summon the accused and proceed with the trial in accordance with the law, establishing that delay in filing a criminal complaint is not a sufficient ground for dismissal in limine.
- Is there a statutory limitation period for filing a private criminal complaint?
- Can a private criminal complaint be dismissed in limine solely on the ground of delay?
- Does delay in filing a criminal complaint automatically render the complaint fatal?
- Article 199, Constitution of Islamic Republic of Pakistan 1973
- Section 337-F, Pakistan Penal Code 1860
- Section 506-B, Pakistan Penal Code 1860
- Section 7(c), Anti-Terrorism Act 1997
' SH. AHMAD FAROOQ, J.---Through the instant petition under Article 199 of the Constitution of Islamic Republic of Pakistan 1973, the petitioner has prayed for setting aside the order dated 1-6- 2011, whereby the learned Judge, Anti-Terrorism Court-II, Lahore, has dismissed his complaint filed against Najaf Hussain and two unknown accused persons.
2. Brief facts of the case are that the present petitioner filed acomplaint on 2-3-2011 under sections 337-F/506-B, P.P.C. Read with section 7(c) of the Anti-Terrorism Act, 1997 against the aforementioned accused alleging that on 24-1-2004, the present petitioner along with his counsel/Barrister Syed Muhammad Iqbal Jafferi, was present before the Court of Mr. Zafar Yab Chadhar, Civil Judge, Lahore, to pursue the case titled "Peer Ali Imran v. Citybank etc." On objection by the learned counsel for the complainant that Najaf Hussain was not eligible to represent the respondents', he flared up and assaulted on Barrister Syed Muhammad Iqbal Jafferi and thereby caused injuries at his face and broken his teeth by giving butt blows of the pistal or through some sharp edged weapon. The incident was reported to police, vide F.I.R. No,495, dated 13-6-2004 at Police Station, Islampura, Lahore but the same was mishandled due to influence of the accused.
The learned Judge Anti-Terrorism Court, Lahore after recording cursory statements of the complainant and the witnesses, dismissed the complaint on 1-6-2011. Hence, this writ petition.
3. The learned counsel for the petitioner contended that the cursory statements recorded by the learned trial Court fully implicated the accused/respondents mentioned in the complaint with the commission of a cognizable offence but the learned trial Court illegally and unlawfully dismissed the complaint and refused to summon the respondents for trial as accused. He further contended that there is no limitation provided in the law for filing the complaint and the learned trial Court has wrongly dismissed the complaint, on the ground of limitation.
4. Arguments heard. Record perused.
5. The complaint of the present petitioner has been dismissed by the learned Judge, Anti-Terrorism Court-II, Lahore, mainly on the ground of delay in filing the complaint. Learned A.A.-G. Has not been able to rebut the contention of the present petitioner that no limitation is provided in criminal law for filing the complaint. Reliance in this regard is placed on the case of Muhammad Fiaz Khan v.
Ajmer Khan and another (2010 SCM R 105), wherein it has been held by the Hon'ble Supreme Court of Pakistan that delay in filing complaint is not by itself fatal except under very special circumstances. A perusal of the record reveals that the petitioner has been continuously pursuing his case and in this respect he has also lodged F.I.R. No,495 of 2004 and on being disappointed from the police hierarchy he resorted to file the private complaint. The present petitioner/complainant has supported his complaint by recording his statement as P.W.1, which is corroborated by the statement of Barrister Syed Muhammad Javaid Jafferi, (P.W.2). In these circumstances, the learned trial Court was not justified in dismissing the complaint in limine.
Resultantly, the instant petition is accepted and the impugned order dated 1-6-2011, passed by the learned Judge Anti-Terrorism Court-II, Lahore, is set aside. The learned Judge Anti-Terrorism Court shall summon the accused and proceed with the complaint strictly in accordance with law.