Case Details

Citation(s)
2016 SLG 2189 2016 SLD 2189 2016 YLR 559
Sindh High Court
Crl. Misc. Application No. 344 of 2012, decided on 03-10-2014. Date of hearing: 27-08-2014.
HASAN FEROZ, JUSTICE
Qamar Riaz for Applicant. Waqar Ahmed Abbasi for the Complainant. Abrar Ali Kitchi, APG for the State.

MUHAMMAD ASLAM--Applicant

VS

. THE STATE--Respondent

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss.173 & 561-A---Copyright Ordinance (XXXIV of 1962), Ss. 56, 66, 67 & 74---Copyright, infringement of---Reinvestigation---Grievance of accused was that police submitted investigation report under class "C" which was accepted by Magistrate but on application filed by complainant he passed an order to reinvestigate the matter---Validity---No legal limit existed under S.173, Cr.P.C. to the number of investigations which could be held into a crime---When one investigation was not fully completed by submission of report under S.173, Cr.P.C. another could be begun to dig out and collect fact and evidence due to incomplete investigation---High Court declined to quash the order passed by Magistrate, as the same did not suffer from any infirmity---Petition was dismissed in circumstances. THIS ORDER PASSED BY: HASAN FEROZ, JUSTICE:----------- By this order I intend to dispose of Criminal Misc. Application No.344 of 2012 moved under Section 561-A, Cr.P.C. in FIR No.312/2012, under Sections 56, 66, 67, 74 Copyright Ordinance, 1962 lodged at P.S. S.I.U. Saddar, Karachi on 02.07.2012 by the Complainant namely Haroon Tariq son of Habib Ur Rehman against the applicant be quashed and orders dated 06.08.2012 and 26.11.2012 passed by the Judicial Magistrate for reinvestigation of the matter again and again be set aside being illegal, unjust and unlawful. 2. The brief facts of the FIR are that Complainant Haroon Tariq son of Habib-ur-Rehman lodged FIR No.312/2012 under Sections 56, 66, 67, 74 Copy Rights Act at Police Station SIU Saddar, Karachi stating therein that he was appointed attorney of American Eagle Out Fitters to check the goods like American Eagle Out Fitters and do the needful against them to prepare the goods like. Today when he was present at Shershah Factory Area he saw container at the gate of Plot No. M-II-E-453, Street No.17 Block-D, Shershah Karachi and in the container found that different colors of shirts like American Eagle Out Fitters were there. Suddenly he informed the police mobile which was on area patrolling who at about 12:15 pm on my pointation got into custody container and found 557 cartons in…
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