Law: Khyber Pakhtunkhwa Consumers Protection Act, (VI of 1997)

Section: 15, 16, 17(2)

Law: Code of Criminal Procedure, 1898

Section: 404, 423

Khyber Pakhtunkhwa Consumers Protection Act (VI of 1997)---

----Ss. 15, 16 & 17(2)---Criminal Procedure Code (V of 1898), Ss. 404 & 423--Order of Consumer Court---Appeal---Maintainability---High Court, jurisdiction of--Right to appeal under S. 17(2) has been extended to all orders of the Consumer Court, including those under S. 15---Since the Act, 1997, did not provide any procedure governing the appeals at the appellate stage, the reference to the Criminal Procedure Code, 1898, is purely procedural, aimed at ensuring an effective and consistent framework at the appellate stage---Bar created by S. 404, Cr.P.C does not apply to appeals under S. 17(2) of the Act, 1997, as the latter, being a special law, expressly provides the right to appeal to the High Court---Inclusion of the phrase "mutatis mutandis" pertains solely to procedural aspects and does not subject the appeal to the bar under S. 404, Cr.P.C.---Furthermore, S. 3 of the Act, 1997 underpins this view by providing that its provisions are in addition to and not in derogation of, any other law for the time being in force---Said facts imply that the right of appeal under the Act operates independently of the bar imposed by S. 404, Cr.P.C. thereby supplementing the existing legal framework rather than being subordinate to it---Therefore, the explicit statutory right in S. 17(2) of Act, 1997 carves out an exception to the general bar imposed by S. 404, Cr.P.C.---Order accordingly.

All Swat Paper Chips and Pops Owners Association, District Swat through President v. Bakht Afsar Ex-DEO, District Shangla Amir Jumat Islami PK-87 Shangla and 5 others 2019 PCr.LJ 225 ref.