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Applications Nos. 2 and 3 of 1971, decided on 13th Decem ber 1971.

S. 61 read with Criminal Procedure Code (V of 18M), Ss. 200 & 537 Issuance of notice for preliminary enquiry before recording state ment of complainant under S. 200, Criminal Procedure Code, 1898-Issuance of summonses instead of notice to opponent-Irre gularity curable under S. 537, Criminal Procedure Code, 1898 Laoour Court on complaint under S. 62, Industrial Relations Ordinance, 1969 issuing notice for preliminary enquiry without examining complainant And through oversight summonses instead of notice issued against accused-Objection that proceedings were illegal and liable to be quashed due to non-examination of complain ant, in circumstances, rejected and irregularity, held, curable.

P L D 1966 S C 178 and 1971 S C M R227 fol.

Abdul Majeed for the Complainant.

A. R. Kazi for Accused-Opponents.

The above-named Complainant filed two separate complaints against the above-named Opponents in this Court.

My learned predecessor without recording statement under section 200, Cr. P. C. directed that notice be issued for preliminary enquiry. Diving the pendency of this preliminary enquiry, Mr. A. R. Qazi, learned Representative for the Opponents made an application wherein he submitted the it the process against the Accused has been issued without examination of the Complainant under section 200, Cr, P. C. is these two cases, hence the, proceedings were illegal. Accordingly the process and the proceedings were liable to be quashed. He, therefore, prayed that the present proceedings be ordered to terminate at this stage of the case.

Notice was given to the other side.

Today I have heard the learned Representatives of the parties on this objection.

At the very outset it is clear that In both the cases my learned predecessor had not recorded the statement of the Complainant under section 200, Cr. P. C. and instead had directed that a notice be issued for preliminary enquiry. Instead of issuing of notice, summonses had been issued against the Opponents by the office due to oversight. This is why the learned Representative for the Opponents thought that process had been issued against his clients.

I have gone through the case-law produced on behalf -of the Opponents. In P L D 1966 S C 178, it has been held that failure to examine the Complainant before issuing process was a defect which was merely irregularity curable under section 537, Cr. P. C.

In another case as reported in 1971 S C M R 227, it has been held that non-examination of the Complainant under section 200, Cr. P. C. is not fat91 and irregularity curable under section 537, Cr. P. C.

Part (a) of section 537, Cr. P. C. reads as under:-

"537. Subject to the provisions hereinbefore contained, no finding, sentence or order passed by a Court of competent jurisdiction shall be reversed or altered under Chapter XXVII or on appeal or revision on account:-

(a) of any error, omission or irregularity in the complaint, summons, warrant, proclamation, order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this Code."

From the reading of the above said section and in view of the case-law discussed above, it is clear that non-examination of the Complainant under section 200, Cr. P. C. before issue of process is curable under section 537, Cr. P. C. In the instant case no process has yet been issued. That order of my learned predecessor is only to issue notice for preliminary enquiry. If the office due to oversight issue summonses instead of notice to the Opponents, that too is irregularity curable undo 't section 537, Cr. P. C.

In view of the foregoing reasons, I reject the objection rile by the learned Representative of the Opponents in both the cases and hold that both these irregularities of issue of notice for preliminary enquiry before recording statement of the Complainant under section 200; Cr. P. C. and issue of summonses instead of notice are curable under section 537, Cr. P. C.

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