Complaint:

Complaint in Criminal Procedure Code A complaint in CrPC means a complaint made to a magistrate. It is defined in Section 2(d) of CrPC. As per the section it means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report.
(1) Essential Requirements of a complaint:

It must contain an allegation of commission of offence by anyone.
It can be made either orally or in writing.
It must be made to a Magistrate.
It must be made with a view to take action by the Magistrate


(2) Statement must be made with a view to take actionA complaint need only state the facts of the commission of offence. No provision of law in which the offence is defined is to be stated. There is no such requirement. As a usual practise, advocates tend to refer the sections also in the complaint. The point is made clear by various decisions and it is expressly stated in Section 190(1)(a) of the CrPC. It reads thus: Subject to the provisions of this Chapter, any Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under sub-section(2), may take cognizance of any offence-(a) upon receiving a complaint of facts which constitute such offence. So what is required is that a statement constituting the commission of any offence and a prayer to make appropriate relief orders. It is not meant to state any specific prayer or relief.
(3) Recording sworn statementIt is essential when Magistrate takes cognizance of offence on a complaint. It is thus stated in Section 200 of the Code. The magistrate may order an inquiry or investigation into the offence and after that if he is of the opinion that there is no sufficient ground for proceeding, he shall dismiss the complaint as stated in Section 203 of the Code. In exceptional circumstances a second complaint after the first one is dismissed under Sec.203, is maintainable.

Article:- 22 Identification Parade

IDENTIFICATION PARADE:
An examination conducted by the magistrate during the course of investigation, for the purpose of identifying a culprit through victom or witness is identification parade.

Identification parade is a technical procedure in which a criminal suspect and other similar persons are shown to the witness in order to find the actual culprit, and to launch a prosecution against him.

The identification parades are held by the police in the course of investigation for the purpose of enabling witnesses, to identify the property which is the subject matter of the offence or to identify the culprits, who had made good their escape and were not caught on the spot . In the case of identification of the accused, he is mixed-up with several other persons and the witness is required to pick-out the person, whom he claims to have seen in the commission of the offence or crimje.

Identification proceedings are facts which estaclish the identity of the accused persons and are themselves relevant. But evidence of identification parade is only relevant if it is conducted in-accordance with the requirements of article (22) of Qanoon-e-shahadat order,

It must be remembered that holding of identification parade is not a requirement of law but only one of the methods to test the veracity of the evidence of an eye-witness who has had an occasion to see the accused and claims to identify him.


OBJECT OF IDENTIFICATION PARADE
The object behind the identification proceeding is to find-out whether the suspect (accused) is the real offender or not. Sole purpose of identification is to ensure that an innocent person, either deliberately or by mistake is not involved. Although, Identification is not legal requirement, however, when necessary, it is the duty of court to examine that all possible steps were taken for holding fair identification parade and the witnesses at their own correctly picked-up the culprits.

An identification parade, if it has to have any value must be held by a magistrate and in the absence of police.


RELEVANCY AND EVIDENTIARY VALUE OF IDENTIFICATION:
In cases, where the offenders are not caught at the spot, the names of the culprits are not found in the first information report, and they are caught after some time, the identification parade is held and often the fate of the prosecution case depends upon the satisfactory character of identification proceedings in such cases.

Identification test of accused person cannot as a rule form sufficient basis for conviction, yet can necessarily be used in support of other evidence against them.

The fact of identification in a parade by itself not substantive evidence but is admissible under article 22, and provides strong corroboration to the identification made in court.

Classes of criminal courts

A. Classes of Criminal Courts

6. Classes of Criminal Courts and Magistrates:--
(1) Besides the High Courts and the Courts constituted under any law other than this Code for the time being in force, there shall be two classes of Criminal Courts in Pakistan, namely:
(i) Courts of Session;
(ii) Courts of Magistrates.
(2) There shall be the following classes of Magistrates, namely:
(i) Judicial Magistrates:--
(1) Magistrates of the first class.
(2) Magistrates of the second class.
(3) Magistrates of the third class.
(4) Special Judicial Magistrate.
(ii) Executive Magistrates:-
(1) District Magistrates.
(2) Additional District Magistrates.
(3) Sub-Divisional Magistrates.
(4) Special Executive Magistrates.']
[(5) Magistrates of the first class.
(6) Magistrates of the second class.
(7) Magistrates of the third class.]
B. Territorial Divisions
7. Sessions divisions and districts. (1) Each Province shall consist of session; and every session divisions shall, for the purposes of this Code, be a district or consist of districts.
(2) Power to alter divisions and districts. The Provincial Government may alter the limits or the number of such divisions and districts.
(3) Existing divisions and districts. The sessions divisions and districts existing when this Code comes into force shall be sessions divisions and districts respectively, unless and until they are so altered.
8. Power to divide districts into sub-divisions. (1) The Provincial Government may divide any district into sub-divisions, or make any portion of any such district a sub-division, and may alter the limits of any sub-division.
(2) Existing sub-divisions maintained. All existing sub-divisions which are now usually put under the charge of a Magistrate shall be deemed to have been made under this Code.
C. Courts and Offices
9. Court of Sessions. (1) The Provincial Government shall establish a Court of Session for every session division, and appoint a judge of such Court.
(2) The Provincial Government may, by general or special order in the official Gazette, direct at what place or places the Court of Session shall hold its sitting; but until such order is made, the Court of Session shall hold their sittings as heretofore.
(3) The Provincial Government may also appoint Additional Sessions Judges and Assistant Session Judges to exercise jurisdiction in one or more such Courts.
(4) Sessions Judge of one sessions division may be appointed by the Provincial Government to be also an Additional Session Judge of another division, and in such case he may sit for the disposal of cases at such place or places in either division as the Provincial Government may direct.
(5) All Courts of Session existing when this Code comes into force shall be deemed to have been established under this Act.
[10. District Magistrate:
(1) In every district the Provincial Government shall appoint a District Magistrate
(2) The Provincial Government may also appoint Additional District Magistrate to exercise jurisdiction in one or more Districts and such Additional District Magistrates shall have all or any of the powers of a District Magistrate under this Code, or under any other law for the time being in force, as the Provincial Government may direct.]
[(3) For the purposes of section 192, sub-section (1) and section [407, sub-section (2) such Additional District Magistrate shall be deemed to be subordinate to the District Magistrate].
District Magistrate- District Magistrate is not one of the Courts established under Cr.P.C. District Magistrate occupies dual position, he is the Chief Executive, Incharge of the administration of the District and as Magistrate of the First Class, he may exercise the powers conferred upon such Magistrate by the Cr.P.C. PLD 1988 Lah 352 Additional District Magistrate-District Magistrate a/one authorised by legislature to do certain acts. Additional District Magistrate is not empowered to exercise District Magistrate’s power under S. 10(2), Cr.P.C. PLD 1958 Dacca 425. However, Additional District Magistrate is competent to exercise powers even after his transfer to some equal or higher office in same local area. PLD 1962 Lah 939.
11. Officers temporarily succeeding to vacancies in office of District Magistrate. Whenever in consequence of, the office of a District Magistrate becoming vacant, any officer succeeds temporarily to the chief executive administration of the district, such officer shall, pending the orders of the Provincial Government, exercise all the powers and perform all the duties respectively conferred and imposed by the Code on the District Magistrate.
Additional Deputy Commissioner-Additional Deputy Commissioner as Chief Executive of District and Magistrate 1st Class can pass order under S. 144(1). 1980 P.Cr.L.J.851.
12. [Subordinate] Magistrates. (1) The Provincial Government may appoint as many persons as it thinks fit [***] to be Magistrates of the first, second or third class in any district and may from time to time, define local areas within which such persons may exercise all or any of the powers with which they may respectively be invested under this Code.
(2) Local limits of their jurisdiction. Except as otherwise provided by such definition, the jurisdiction and powers of such persons shall extend throughout such district.
[Province of Balochistan. The Government of Balochistan has fixed the limits of territorial jurisdiction for the Judicial Magistrates appointed in each Sessions Division to be the same as the territorial limits of the Sessions Divisions fixed vide Notification No.US(Judl)5(7)/87/674-716, dated the 28th February, 1994.
2. The Judicial Magistrate(s) appointed in a Session Division shall have the jurisdiction throughout that Division subject to the powers conferred upon them under section 12 of the Code of Criminal Procedure, 1898, as amended by the Law Reforms Ordinance, 1972, and further amended by the Law Reforms (Amendment) Ordinance, 1996, (XL of 1996).
3. Wherever, in any of the Sessions Divisions the number of Judicial Magistrates is more than one, the Sessions Judge of the Division, shall distribute the business amongst the Judicial Magistrates. (Gazette Extra dated 22nd March, 1996, PLD 1997 Bal. St. 5)].
Jurisdiction of Magistrate. Jurisdiction of Magistrate extends throughout District unless restricted by order. [71 DLR 839] It is essential that offence must be shown to be triable by Magistrate in the Schedule. [1972 P.Cr.L.J. 233]
Balochistan Province-See Notification No.US (Judl)4(10)/94/Vol.I, dated 22.3.1996. For text see Cr.P.C. by the same Author. .
13. Power to put [Magistrate] in charge of sub-division. (1) The Provincial Government may place any [Executive Magistrate] in charge of a sub-division, and relieve him of the charge as occasion requires.
(2) Such Magistrates shall be called Sub-Division Magistrates.
(3) Delegation of powers to District Magistrate. The Provincial Government may delegate its powers under this section to the District Magistrate.
[14. Special Judicial and Executive Magistrates.
(1) The Provincial Government may on the recommendation of the High Court, confer upon any person all or any of the powers conferred or conferrable by or under this Code on a Judicial Magistrate in respect to particular cases or to a particular class or particular classes of cases, or in regard to cases generally in any local area.
(2) Such Magistrates shall be called Special Judicial Magistrates, and shall be appointed for such term as the Provincial Government may, in consultation with the High Court by general or special order, direct.
(3) The Provincial Government may also appoint Executive Magistrate for particular areas or for performance of particular functions and confer upon them or any of the powers conferred or conferrable by or under this Code on an Executive Magistrate.
(4) Such Magistrates shall be called Executive Magistrates, and shall be appointed for such term as the Provincial Government may, by general or special order, direct: Provided that no powers shall be conferred under this sub-section on any police officer below the grade of Assistant Superintendent, and no powers shall be conferred on a police officer except so far as may be necessary for preserving the peace, preventing crime and detecting, apprehending and detaining offenders in order to their being brought before a Magistrate, and for the performance by the officer of any other duties imposed upon him by any law for the time being in force.
(5) The Provincial Government may delegate, subject to such limitations as it thinks fit, to any officer under its control the powers conferred by subsection (3).']
15. Benches of Magistrates. (1) The Provincial Government may direct any two or more [Judicial Magistrates] in any place to sit together as a Bench, and may by order invest such Bench with any of the powers conferred or conferrable by or under thisCode on Magistrate of the first, second or third class, and direct it to exercise such powers in such cases, or such classes only, and within such local limits, as the Provincial Government thinks fit.
(2) Powers exercisable by Bench in absence of special direction. Except as otherwise provided by any order under this section every such Bench shall have the powers conferred by this Code on a Magistrate of the highest class to which any one of its members, who is present taking part in the proceedings as a member of the Bench, belongs, and as for as practicable shall, for the purposes of this Code, be deemed to be a Magistrate of such class.
16. Power to frame rules for guidance of Benches. The Provincial Government may ‘…….. from time to time, make rules consistent with this Code for the guidance of Magistrates, Benches in any district respecting the following subjects:
(a) the classes of cases to be tried:
(b) the times and places of sitting;
(c) the constitution of the Bench for conducting trials;
(d) the mode of settling differences of opinion which may arise between the Magistrates in session.
17. ['Subordination of Judicial Magistrates and Benches to Sessions Judge.
(1) All Judicial Magistrates appointed under sections 12 and 14 and all Benches constituted under section 15 shall be subordinate to the Sessions Judge, and he may from time to time, make rules or give special orders consistent with this Code and any rules framed by the Provincial Government under section 16, as to the distribution of business among such Magistrates and Benches,
(2) Subordination of Executive Magistrates to District Magistrate. All Executive Magistrates appointed under section i3[i2] 13 and 14 shall be subordinate to the District Magistrate and he may, from time to time, make rules or give special orders consistent with this Code and any rules framed by the Provincial Government under section 16, as to the distribution of business among such Magistrates.
(2-A) Subordination of Executive Magistrates to Sub-Divisional Magistrate.-Every Executive Magistrate (other than a Sub-Divisional Magistrate) in a sub-Division shall also be subordinate to the Sub-Divisional Magistrate, subject, however, to the general control of the District Magistrate’,]
(3) Subordination of Assistant Sessions Judges to Sessions Judge. All Assistant Judges shall be subordinate to the Session Judge in whose Court they exercise jurisdiction, and he may, from time to time, make rules consistent with his Code as to the distribution of business among such, Assistant Sessions Judges.
(4) The Session Judge may also when he himself is unavoidably absent or incapable of acting, make provision for the disposal of any urgent application by an Additional or Assistant Sessions Judge …… and such Judge . .. . shall have jurisdiction to deal with any such application.
D. Courts of Presidency Magistrates 18 to 21. Appointment of Presidency Magistrates. Benches Local limits of jurisdiction, Chief Presidency Magistrate. Omitted by A.O., 1949 Sch.

Sec:- 141 PPC

141. Unlawful assembly: An assembly of five or more persons is designated an “unlawful assembly” if the common object of the persons composing that assembly is;

First: To overawe by criminal force, or show of criminal force, the Federal or any Provincial Government or Legislature, or any public servant in the exercise of the lawful power of such public servant; or

“Second: To resist the execution of any law, or of any legal process, or

Third: To commit any mischief or criminal trespass, or other offence; or

Fourth: By means of criminal force, or show of criminal force, to any person to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or

Fifth: By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do.

Explanation : An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly.

142. Being member of unlawful assembly : Whoever being aware of facts which render any assembly an unlawful assembly, intentionally joins that assembly, or continues in it, is said to be a member of any unlawful assembly.

143. Punishment: Whoever is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.