PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

State vs IKRAMULLAH Ss — 2021 PLD 1 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2021 PLD 1 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2021
Reporter
PLD
Parties
State vs IKRAMULLAH Ss
Subject matter
Criminal
Provisions referred to
S. 3---I; S. 417; S. 561-

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

State VS IKRAMULLAH 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.

Other judgments reported in 2021 PLD

Back to the case-law library · Search Pakistani case law in Urdu or English