Law:

Section:

(a) Interpretation of statutes--- ----Special law has overriding effect over general law. (b) Penal Code (XLV of 1860)--- ----Ss.380 & 406---Criminal Procedure Code (V of 1898), S.22-A---Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), S. 7(b)---Constitution of Pakistan, Art.199---Constitutional petition---Special law---Banking offence---Registration of case---Petitioner availed finance facility from respondent bank and also pledged bags of rice---Bank alleged that petitioner had misappropriated or stolen the rice bags and sought direction from Ex-officio Justice of Peace for registration of FIR---Validity---Financial Institutions (Recovery of Finances) Ordinance, 2001, was a special law and had overriding effect over the provisions of Penal Code, 1860---When Financial Institutions (Recovery of Finances) Ordinance, 2001, itself provided procedure for dealing with matters of civil as well as criminal nature, only Banking Court constituted under Financial Institutions (Recovery of Finances) Ordinance, 2001, had jurisdiction to take action upon criminal acts performed by parties---Provision of S. 7(b) of Financial Institutions (Recovery of Finances) Ordinance, 2001, created a prohibition in respect of lodging of criminal case under the provisions of Penal Code, 1860---Ex-Officio Justice of Peace was not within his jurisdiction when he ordered for registration of case against petitioners under the provisions of Penal Code, 1860---Bank had no authority to file application under S. 22-A, Cr.P.C., nor Ex-Officio Justice of Peace had any jurisdiction, in presence of Banking Court, to order for registration of case against petitioners---High Court set aside the order passed by Ex-Officio Justice of Peace---Petition was allowed in circumstances. Murshid Ali and 4 others v. S.H.O, Police Station Saddar, Khanewal and another 2011 PCr.LJ 1763; Mian Asim Farid and another v. Industrial Development Bank of Pakistan and 4 others 2005 PCr.LJ 766 and and Malik Tariq Mehmood v. Messrs Askari Leasing Ltd. PLD 2009 Lah. 629 ref. Shaukat Ali and others v. The State and others 2012 CLD 1 and Industrial Development Bank of Pakistan and others v. Mian Asim…

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