DILAWAR KHAN vs STATION HOUSE OFFICER, POLICE STATION FIA/CC, MULTAN Ss

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DILAWAR KHAN VS STATION HOUSE OFFICER, POLICE STATION FIA/CC, MULTAN Ss. 420, 468 & 471---Copyright Ordinance (XXXIV of 1962), Ss. 60, 60-A & 67-C---Intellectual Property Organization of Pakistan Act (XXII of 2012), Ss. 13(xviii)(xix)(xx) & 39---Federal Investigation Agency Act, 1974 (VIII of 1975), S. 3---Constitution of Pakistan, Art. 199---Constitutional petition---Quashing of FIR--- Intellectual property right, infringement of---Jurisdiction of investigation---Petitioner was facing investigation with Federal Investigation Agency for infringing registered copyright of complainant---Validity---Under S. 13(xix) read with S. 39 of Intellectual Property Organization of Pakistan Act, 2012, had conferred exclusive jurisdiction on Intellectual Property Organization to initiate and conduct inquiries, investigations and proceedings related to offences under the laws specified in Schedule--- Complainant alleging infringement of his copyright was to approach the Organization---Complaint was then to be referred under S. 13(xx) of Intellectual Property Organization of Pakistan Act, 2012, by the Organization to concerned law enforcement agency or authority--- Federal Investigation Agency could not entertain any complaint directly and register FIR---Such has a purpose and the Organization was a bulwark against frivolous complaints and undue harassment---Organization was a specialized body which had expertise and requisite data to verify whether there was actually a case of infringement of intellectual property rights under applicable law---Intellectual Property Organization of Pakistan Act, 2012 had ordained under S. 13(xviii) of Intellectual Property Organization of Pakistan Act, 2012, to initiate and monitor enforcement and protection of intellectual property rights through designated law enforcement agencies of Federal or Provincial Government---Inclusion of Copyright Ordinance, 1962 in Schedule of Federal Investigation Agency Act, 1974, had effect of designating Federal Investigation Agency for enforcement in terms of S. 13(xviii) of Intellectual Property Organization of Pakistan Act, 2012---Such could not left to officer of the Organization to choose between two agencies i.e. Federal Investigation Agency and local police---Absence of reasonable classification and prescribed parameters impinged on fundamental right guaranteed under Art. 25 of the Constitution---High Court quashed FIR in question as the same was without lawful authority and complainant could proceed against petitioner afresh in accordance with law---Constitutional petition was allowed accordingly.

DILAWAR KHAN vs STATION HOUSE OFFICER, POLICE STATION FIA/CC, MULTAN Ss — 2022 PCrLJ 30 LAHORE-HIGH-COURT-LAHORE

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