Law: Constitution of Pakistan, 1973

Section: 199

(a) Khyber Pakhtunkhwa Prohibition of Interest on Private Loans Act (XVII of 2016)--- ----S.6---Constitution of Pakistan, Art.199---Constitutional petition---Alternate and efficacious remedy contended that his private compliant under S.200, Cr.P.C. against respondents under S.6 of Khyber Pakhtunkhwa Prohibition of Interest on Private Loans Act, 2016, was not sufficient to provide relief to petitioner, as he had been defrauded by respondents, so through joint investigation team, responsibility could be fixed in accordance with earlier decision of High Court---Validity---For infringement of statutory rights, petitioner was before civil Court under Ss.42 53 of Specific Relief Act, 1877; under Ss. 25, 73 76 under Trade Marks Act, 1940 before Special Court; under S.6 of Khyber Pakhtunkhwa Prohibition of Interest on Private Loans Act, 2016; and offences under the provisions of Penal Code, 1860, such as breach of trust, extortion, cheating of personation, fraud, blackmailing, nuisance and harassment---High Court declined to interfere in the matter as petitioner had already approached appropriate forums for redressal of his grievance---Constitutional petition was dismissed, in circumstances. Sajid Ali v. DPO Mardan (Writ Petition No.2173-P/2016) distinguished. Commissioner of Income Tax, Companies-II and another v. Hamdard Dawakhana (Waqf) Karachi PLD 1992 SC 847 and Khalid Mehmood v. Collector of Customs, Customs House, Lahore 1999 SCMR 1881 rel. (b) Constitution of Pakistan--- ----Art.199---Constitutional petition---Maintainability---Intricate question of law and facts---Scope---High Court while exercising Constitutional jurisdiction under Art.199 of the Constitution cannot resolve intricate question of law and fact. Miss Asma Ghafoor v. Principal, King Edward Medical College, Lahore and 3 others 2011 SCMR 1131; Luqman Sajid v. Returning Officer and 5 others 2018 YLR 2319; Mst. Robina and others v. District Police Officer and others 2018 YLR 665; Ali Nawaz Shahwani and brothers through Proprietor and another v. Government of Balochistan through Secretary CW Department Quetta and 2 others PLD 2020 Quetta 21; Muhammad Soomar v. Province of Sindh through Secretary…

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