Proposed accused has no right to be heared before taking cognizance/before lodging FIR

Proposed accused has no right to be heared before taking cognizance/before lodging FIR (Mujjan Ali Panhwar) 
Illegal Dispossession Act (XI of 2005)---
----Ss.3 & 5---Criminal Procedure Code (V of 1898), Ss.200 & 439---Complaint---Locus standi of proposed accused in complaint case---Proposed accused had no locus standi in a criminal complaint, unless the Trial Court would take cognizance of the case---Person complained against had no right of participation, until cognizance of the matter was taken by Court---Issuance of notice to accused by the Trial Court was out of boundaries settled in a complaint case---Trial Court should have adopted the procedure as envisaged in S.5 of Illegal Dispossession Act, 2005---All the documents relied upon by the proposed accused were unregistered---Case, in circumstances, had to proceed on the enquiry report submitted by the Police---Impugned order was set aside and case was remanded to the Trial Court with direction to proceed with the matter by adopting the procedure as envisaged in S.5 of Illegal Dispossession Act, 2005 and conduct the trial according to law Riaz Ahmed v. The Additional Sessions Judge Gujrat and another 1995 PCr.LJ 14; Mushtaque Ahmed v. Muhammad Saleem and 2 others 1995 PCr.LJ 1900; Azmat Bibi and another v. Asifa Riaz and 3 others PLD 2002 SC 687; Lt. Col. (Ret) Tariq Latif v. Mst. Jamila Sultana and another 2006 PCr.LJ 476; Jassumal and others v. The State and another PLD 1962 (W.P.) Kar. 326; Syed Muhammad Ahmed v. The State 1972 SCMR 85; Sajjad Hussain v. The State PLD 1997 Kar. 165; Mst. Nasreen Bibi v. Sub-Registrar/M.I.C. Model Town, Lahore 2000 YLR 47; Haji Muhammad Ashiq v. The State and another 2006 MLD 491; Mirza Shaukat Baig and others v. The State PLD 2005 SC 530; Captain S. M. Aslam v. The State PLD 2006 Karachi 221; Noor Zada v Muhammad Khalid and 6 others 2007. PCr.LJ 891 and Hafiz Muhammad Siddiqui Anwar v. Faisalabad Development Authority and others 2007 SCMR 1126 rel.
2009 M L D 850 [Karachi]
Before Muhammad Afzal Soomro, C.J.
SHARMILA FAROOQUI---Applicant
Versus
THE STATE---Respondent