Law: Criminal Procedure Code (V of 1898)

Section: 561-A,249-A,417,265-K

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 561-A, 249-A 417---Federal Investigation Agency Act, 1974 (VIII of 1975), Preamble S. 3---Intellectual Property Organization of Pakistan Act (XXII of 2012), Ss. 17, 18 13---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 the 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 as 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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