Malik TAJAMAL HAYAT KHAN vs GOVERNMENT OF KHYBER PAKHTUNKHWA S — 2021 MLD 1627 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 MLD 1627 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: MLD
Parties: Malik TAJAMAL HAYAT KHAN vs GOVERNMENT OF KHYBER PAKHTUNKHWA S
Subject matter: Criminal
Provisions referred to: S. 6---C; S. 200; S. 6; Private Loans Act; Specific Relief Act; Trade Marks Act; Penal Code

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Malik TAJAMAL HAYAT KHAN VS GOVERNMENT OF KHYBER PAKHTUNKHWA S.6---Constitution of Pakistan, Art.199---Constitutional petition---Alternate and efficacious remedy---Petitioner 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.

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