๐ ๐๐ซ๐ข๐ฆ๐ข๐ง๐๐ฅ ๐๐๐ฌ๐ ๐๐๐ง ๐๐ ๐ ๐ข๐ฅ๐๐ ๐๐ง๐ ๐๐ฎ๐ซ๐ฌ๐ฎ๐๐ ๐๐ก๐ซ๐จ๐ฎ๐ ๐ก ๐๐ง ๐๐ ๐๐ง๐ญ ๐จ๐ซ ๐๐ญ๐ญ๐จ๐ซ๐ง๐๐ฒ: ๐๐๐ก๐จ๐ซ๐ ๐๐ข๐ ๐ก ๐๐จ๐ฎ๐ซ๐ญ
Lahore High Court has recently delivered a landmark judgment clarifying whether a criminal case, including lodging an FIR, can be initiated and pursued through an agent, attorney, or pleader. This judgment is especially important for overseas Pakistanis who face challenges in initiating legal proceedings from abroad.
Can an FIR Be Lodged by an Agent or Attorney?
Yes. According to the Lahore High Court, there is no legal restriction preventing any party-be it an accused or a complainantโfrom appointing an attorney or agent to represent them in a criminal case.
This development provides a crucial legal pathway for overseas Pakistanis who are unable to travel to Pakistan to lodge FIRs or attend court proceedings.
FIR: A Legal Mechanism, Not a Conviction
The court clarified the role of an FIR (First Information Report). It emphasized that an FIR is not a charge sheet. Rather, it is the first procedural step that triggers the criminal justice process. The FIR applicant is simply an informant and need not be the direct victim or personally aggrieved.
Therefore, an FIR can legally be lodged by an agent or attorney acting on behalf of the principal.
Legal Basis Cited by the Lahore High Court
The judgment referenced key legal provisions, including:
- Section 4(r) of the Criminal Procedure Code (Cr.P.C)
- Section 205 Cr.P.C โ Allows representation by a pleader
- Section 540A Cr.P.C โ Provides discretion to the court to dispense with the personal attendance of the accused
- Relevant clauses from the Contract Act, defining the scope of attorney and agent relationships
These provisions support the view that representation through an agent or attorney is legally valid in criminal proceedings.
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Representation in Criminal Trials Through Attorneys and Agents
The Lahore High Court further clarified that:
- A trial or any criminal case may proceed through an agent, attorney, or pleader.
- The principal (complainant or accused) must appear personally in court only if summoned by the court.
- The agent or attorney can pursue the case, attend hearings, and file applications.
Key Relief for Overseas Pakistanis
This judgment is particularly significant for overseas Pakistanis. Many face difficulties in coming to Pakistan due to travel restrictions, work commitments, or health issues.
Now, they can:
- Lodge FIRs from abroad through an attorney or legal representative
- Pursue criminal cases in Pakistan via appointed agents or pleaders
- Avoid delays and ensure timely legal action
Need Legal Assistance in Islamabad?
If you are looking for professional legal help, especially for representing your criminal case or lodging an FIR through an agent, contact one of the leading law firms in Islamabad Pakistan.
We offer expert legal services through our team of:
- Supreme Court Lawyers
- Criminal Law Experts
- Lawyers in Islamabad
We assist both local and overseas clients with reliable, confidential, and professional legal representation.
Contact Law and Policy Chambers
For consultation or case evaluation, reach out to:
Law and Policy Chambers
Legal Services Islamabad
Final Thoughts
This precedent from the Lahore High Court is a breakthrough in Pakistanโs legal system, opening new doors for remote legal access and protecting the rights of Pakistanis abroad. The courtโs interpretation empowers citizens to act through authorized agents or attorneys, simplifying criminal procedures and improving access to justice.
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