| Citation(s) |
|---|
| 2025 SLG 773 2025 SLD 773 |
Writ Petition (Q) No. 31â€A/2024
Hon’ble Mr. Justice Muhammad Ijaz Khan Hon’ble Mr. Justice Sadiq Ali
Date of hearing……………….12.02.2025…………………………... Petitioners (Sardar Faraz Hussain & 02 others) By Mr. Waheed Jan Muhammad, Advocate.
Respondent. (State) By Mr. Shoaib Ali, Assistant Advocate General and (Syed Faisal Shah) By Malik Asif Ali, Advocate.
Sardar Faraz Hussain
VS
The State
Law: Companies Act, 2017
Section: 476, 477, 497, 38
Law: Code of Criminal Procedure (CrPC), 1898
Section: 561-A,476,497
The petitioners, Sardar Faraz Hussain, Sardar Muneeb Hussain, and Abdullah Khan, filed a petition under Article 199 of the Constitution and Section 561-A Cr.P.C., seeking the quashment of an FIR registered under various sections of the Pakistan Penal Code (PPC) related to fraud, forgery, and criminal breach of trust.
The case revolves around their alleged involvement in preparing a forged rent deed and wrongfully obtaining possession of a company's property after their termination from M/s. 3-D Lifestyle Company. The complainant, Syed Faisal Shah, accused the petitioners of these actions, leading to the registration of the FIR.
The petitioners argued that under the Companies Act, 2017, any dispute involving a company should be addressed through a complaint under Section 477 of the Act, rather than through a criminal case. The court reviewed the provisions of the Companies Act, including Sections 476, 477, and 497, which specify procedures for handling corporate offences. The court concluded that since the dispute fell within the scope of the Companies Act, the criminal FIR was improperly registered and without competence.