| Citation(s) |
|---|
| 1992 SLG 2013 1992 SLD 2013 1992 PLJ 247 |
Sindh High Court
Criminal Misc. Application No. 462 of 1991, accepted on 24.2.1992 (approved forreporting on 18.3.1992). Date of hearing: 12.2.1992.
QAISER AHMED HAMIDI, J
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Criminal Misc. Application No. 462 of 1991, accepted on 24.2.1992 (approved forreporting on 18.3.1992). Date of hearing: 12.2.1992.
QAISER AHMED HAMIDI, J
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MUBARAK HUSSAIN SIDDIQUI and anothers
VS
SAJJAD HASSAN KHAN and another--Respondents
Law: Cooperative Societies Act, 1925
Section: 60,63(3)
Law: Criminal Procedure Code (V of 1898)
Section: 561-A
(ii) Co-operative Societies Act, 1925 (VII of 1925)-- —-Ss. 60 63 (3) read with Criminal Procedure Code, 1898, Section 561-A-Co-operative Housing Society-Complaint under Sections 420, 465, 468 and 471 PPC against Chairman and Secretary of Society-Quashment of-Prayer for--Contention that previous sanction of Registrar was necessary—Held: Combined reading of Sections 60 and 63 (3) of Act makes it clear that previous sanction of Registrar is needed for prosecution of offences under this Act, viz offences classified in Section 60 and not in respect of other offences. 1990 MLD 1060 rel. (ii) Co-operative Societies Act, 1925 (VII of 1925)-- —-S. 65-B read with Criminal Procedure Code, 1898, Section 561-A-Co- operative Housing Society—Complaint under Sections 420, 465, 468 and 471 PPC against Chairman and Secretary of Society- uashment of-Prayer for- Applicants being Chairman and Secretary of Society, are public servants within meaning of Section 21 of PPC-They can only be prosecuted before a Special Judge, Anti-corruption in espect of offences specified in Schedule-Held: All offences alleged against applicants being scheduled offences, cognizance taken by A.C.M. Court No. X (East) Karachi, was without jurisdiction and abuse of process of law-Proceedings Quashed. PLD 1988 Lahore 802 1990 MLD 1060 rel (iii) Jurisdiction- —Cooperative Housing Society—Complaint under sections 420, 465, 468 and 471 PPC against Chairman and Secretary of Society-Quashment of-Prayer for--Proyisions of Section 70-A of Co-operative ocieties ct, 1925 operate to oust jurisdiction of all courts to entertain or adjudicate upon any matter which Provincial Government, other authorities and forums indicated therein, are empowered to dispose of or to etermine by or under that Act or rules or bye- laws framed thereunder—Held: No such situation exists in this case (to oust jurisdiction of trial court). JUDGMENT The facts bearing on the questions of law involved in this application filed under section 561-A, Cr.P.C. may be briefly stated.The respondent No. 1 claims…
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