(5) The Presiding Officer of a Court before whom a complaint is made or to whom it has been
transferred may dismiss the complaint, if, after considering the statements on oath of the complainant and
the witnesses there is, in his judgment, no sufficient ground for proceeding and in such case he shall record
his reasons for so doing.
(6) Notwithstanding the foregoing provisions or anything contained in any other law for the time being
in force no complaint under this section shall be entertained against any person who is accused of zina under
section 5 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (Ordinance No. VII of 1979)
and against whom a complaint under section 203A of this Code is pending or has been dismissed or who has
been acquitted or against any person who is a complainant or a victim in a case of rape, under any
circumstances whatsoever.]
_________
CHAPTER XVII
OF THE COMMENCEMENT OF PROCEEDINGS BEFORE 1[COURTS]
204. Issues of process.__(1) If in the opinion of a 2[Court] taking cognizance of an offence there is
sufficient ground for proceeding, and the case appears to be one in which, according to the fourth column of
the second schedule, a summons should issue in the first instance, 3[it] shall issue *[his] summons for the
attendance of the accused. If the case appears to be one in which, according to that column, a warrant
should issue in the first instance, 3[it] may issue a warrant, or, if 3[it] thinks fit, a summons, for causing the
accused to be brought or to appear at a certain time before such 2[Court] or (if 3[it] has not jurisdiction
4[itself]) some other 2[Court] having jurisdiction.
(2) Nothing in this section shall be deemed to affect the provisions of section 90.
1 Subs. by Ordinance 12 of 1972, s.2 and Sch., for “Magistrate”.
2 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch., for “Magistrate”.
3 Subs. ibid., for “he”.
4 Subs. ibid., for “himself”.
*Sic. should read "its".
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