Law: Criminal Procedure Code (V of 1898)

Section: 22A

Law: Federal Investigation Agency Act, (VIII of 1974)

Section: 3

Law: Intellectual Property Organization of Pakistan Act, 2012

Section: 13,17,18,18(2)

Criminal Procedure Code (V of 1898)--- ----S. 22-A---Intellectual Property Organization of Pakistan Act (XXII of 2012), Ss. 13, 17 & 18---Federal Investigation Agency Act, 1974 (VIII of 1975), S. 3---Ex-officio Justice of Peace---Infringement of copyright---Scope---Petitioner complained infringement of copyright and sought direction to FIA under S. 22-A, Cr.P.C. for registration of criminal case---Justice of Peace dismissed the application---Respondent challenged the inquiry being conducted by FIA---Validity---Tribunal created under Intellectual Property Organization of Pakistan Act, 2012 had exclusive jurisdiction to try offences with respect to intellectual property laws---Section 17 of Intellectual Property Organization of Pakistan Act, 2012 provided that Tribunal had, in exercise of its criminal jurisdiction, power to try offences made punishable under Intellectual Property Organization of Pakistan Act, 2012 and for the said purpose, could exercise same powers as were vested in the Court of Sessions under Cr.P.C.---Subsection (4) of S. 17 provided that no Court, other than Tribunal, had jurisdiction with respect to any matter to which the jurisdiction of the Tribunal extended under Intellectual Property Organization of Pakistan Act, 2012---Tribunal had been conferred with the power to try an offence---Exclusivity of jurisdiction was provided in subsection (2) of S. 18, Intellectual Property Organization of Pakistan Act, 2012---Section 13(xix) & (xx) of the Act provided powers and functions of Intellectual Property Organization whereunder it had the exclusive power to initiate and conduct inquiries/investigation/proceedings relating to offences arising out of Copyright Ordinance, 1962---No cognizable offence was made out and the order passed by Justice of Peace did not suffer from any error of law---Inquiry being conducted by FIA was declared to be without jurisdiction and lawful authority---Constitutional petitions were disposed of accordingly. Shahbaz-ud-Din Chaudhry and 3 others v. The Director, FIA, CBC, Lahore and 2 others 1999 YLR 678; The State through , P.S. FIA Corporate Crime Circle, Karachi v. Tahir Alam and another 2017 CLD 1535; Majad…

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