| Citation(s) |
|---|
| 2020 SLG 2326 2020 SLD 2326 2020 CLD 1203 |
Balochistan High Court
Criminal Acquittal Appeal No. 164 of 2015, decided on 9th August, 2019, Date of hearing: 23rd July, 2019.
JAMAL KHAN MANDOKHAIL, JUSTICE ROZI KHAN BARRECH, JUSTICE
Syed Iqbal Shah, Deputy Attorney General for Appellant. Shamsuddin Achakzai for
Respondent.
Criminal Acquittal Appeal No. 164 of 2015, decided on 9th August, 2019, Date of hearing: 23rd July, 2019.
JAMAL KHAN MANDOKHAIL, JUSTICE ROZI KHAN BARRECH, JUSTICE
Syed Iqbal Shah, Deputy Attorney General for Appellant. Shamsuddin Achakzai for
Respondent.
STATE THROUGH DEPUTY ATTORNEY GENERAL FOR GOVERNMENT OF PAKISTAN
VS
IKRAMULLAH
Law: Intellectual Property Organization of Pakistan Act, 2012
Section: 17,18,13
Law: Criminal Laws Reform Ordinance, 2002
Section: 561-A,249-A,417
Law: Federal Investigation Agency Act, (VIII of 1974)
Section: 3
(a) Intellectual Property Organization of Pakistan Act (XXII of 2012)--- ----Ss. 17, 18 13---Criminal Procedure Code (V of 1898), Ss. 561-A, 249-A 417---Federal Investigation Agency Act, 1974 (VIII of 1975), Preamble S. 3---Inherent powers of High Court---Intellectual Property dispute (pirated books)---Power of Magistrate to acquit accused at any stage---Constitution of the Agency---Powers, functions and jurisdiction of Intellectual Property Organization---Dispute between private parties---Scope---Accused was alleged to have been engaged in selling pirated books---FIR was created under Federal Investigation Agency Act, 1974, Preamble of which showed that the agency was created for investigation of certain offences committed in connection with the matters concerning Federal Government and for matters connected thereto---Dispute in the present case was between the private parties in respect of pirated books and their alleged sale in the open market---Complainant was a private organization which was doing business in Pakistan privately and no government work was involved, therefore, FIA had no jurisdiction in respect of infringement of copyright between the private parties asA,417 dispute was civil in nature---Tribunal created under Intellectual Property Organization of Pakistan Act, 2012 had the exclusive jurisdiction to try the offences with respect to Intellectual Property laws---Cognizance taken by FIA was illegal and beyond their jurisdiction---Appeal filed under S. 417, Cr.P.C. was converted into an application under S. 561-A, Cr.P.C. and the FIR was quashed. Syed Iqbal Raza v. Justice of Peace, Islamabad 2019 PCr.LJ 1059 ref. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 561-A, 249-A 265-K---Inherent powers of High Court---Power of Magistrate to acquit accused at any stage---Power of Court to acquit accused at any stage---Scope---Section 561-A, Cr.P.C. confers upon High Court inherent powers to make such orders as may be necessary to give effect to any order under the Criminal Procedure Code or to prevent abuse of process of any Court or otherwise to secure the ends of justice---Such powers are very wide and can be exercised by High Court at any…
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