Mirza SHAH NAWAZ AGHA vs SECURITIES AND EXCHANGE COMMISSION OF PAKISTAN (SECP) S — 2022 PCrLJ 1303 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 PCrLJ 1303 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: PCRLJ
Parties: Mirza SHAH NAWAZ AGHA vs SECURITIES AND EXCHANGE COMMISSION OF PAKISTAN (SECP) S
Subject matter: Criminal
Provisions referred to: S. 540---P; Penal Code (XLV of 1860); Pakistan Act (XLII of 1997)

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

Mirza SHAH NAWAZ AGHA VS SECURITIES AND EXCHANGE COMMISSION OF PAKISTAN (SECP) S. 540---Penal Code (XLV of 1860), Ss. 409, 420, 468 & 471---Securities and Exchange Commission of Pakistan Act (XLII of 1997), Ss. 30 & 37---Criminal breach of trust, cheating, using forged documents---Material witness, summoning of---Juristic person as complainant---Authorized person, replacement of---Complaint was filed by Security and Exchange Commission of Pakistan through its authorized person---Accused was aggrieved of order passed by Trial Court summoning another official of Security and Exchange Commission of Pakistan as complainant other than the one who got FIR registered---Validity---No illegality would occur if circumstances were such that a body corporate needed to change its authorized officer---Not necessary for body corporate to be represented through same individual right from inception of the complaint till its final disposal, to hold so would be to allow for a technical knockout to take precedence over aim and spirit of law which would then inevitably stand defeated---Litigation was a protracted exercise and it was practically impossible for the same officer to be involved in the case throughout its course---High Court declined to extend benefit of absence of complainant/witness---High Court directed Trial Court to fully take care of such situation and to examine all necessary witnesses so that all relevant and necessary evidence was produced for the purpose of just and proper decision---Revision was dismissed in circumstances.

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