A Criminal Case can be Filed and Pursued through an Agent/Attorney/Pleader: LHC
The Lahore High Court has given a significant judgment on the point that whether an accused or a complainant can be represented by an attorney or an agent in criminal cases. Similarly, whether FIR can be lodged by an attorney or an agent of a principal if the complainant/principal himself is incapacitated or unable to lodge the FIR.
There are very important questions specially for overseas Pakistanis who want to lodge FIRs from abroad but they cannot come to Pakistan personally to lodge FIR themselves and then pursue the cases. The Lahore High Court explained the definitions of the Advocate, Pleader, Attorney, Agent and Principal under the Criminal Procedure Code and Contract Act respectively and them held that there is no bar on any party to engage any person as his/her attorney or agent in a criminal case. The Court highlighted that FIR is not a charge sheet on the basis of which one can be sentenced. It is merely a mechanism or the first step which puts the criminal system into motion. It is merely beginning of the case. The applicant in a FIR is just an informant. It is not necessary for him to be personally aggrieved. Hence, FIR can be lodged by any person including agent an attorney.
The Court then referred to different sections of the Cr.P.C, especially to sections 4(r), 205 and 540A, and held that a trial court or any court before which a criminal case is pending can allow a party to be represented by an agent or an attorney under these sections. FIR can be lodged by an agent. The case can also be pursued by the same agent but the principal is bound to appear before the court when the court asks for his personal appearance.
In this background, the overseas Pakistanis not only can initiate criminal cases from abroad but they can also pursue them through an agent or an attorney.
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