Sardar Faraaz Hussain vs State General and special law — 2025 PCrLJ 1715 PESHAWAR-HIGH-COURT

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Sardar Faraaz Hussain VS State General and special law---Applicability---Wherever there are special and general law applicable to a certain matter, the special law will prevail. Citation Name: 2025 PCrLJ 1715 PESHAWAR-HIGH-COURTBookmark this Case Sardar Faraaz Hussain VS State Ss. 154 & 561-a---Constitution of Pakistan, art. 199---Penal Code (XLV of 1860), Ss. 419, 420, 468, 471, 498 & 409---Companies act (XIX of 2017), Ss. 476, 477 & 497---Quashing of FIR---Constitutional jurisdiction of High Court---Scope---Petitioners/accused sought quashing of FIR by invoking constitutional jurisdiction of the High Court---Held: allegations against the petitioners were that they being coordinator and servant of a registered company while being hand in glove with each other prepared fake and fictitious rent deed and wrongfully obtained possession of the company's outlets along with wrongful dispossession of the servants of the company, thus cheated the company---When the company was a registered one and completely came within the four corners of Companies act, 2017, ('the act') the best course for the company was to move a complaint as required under S.477 of the act ibid and not to move an application before the SHO for registration of a criminal case against the petitioners---When the law provides a mechanism for doing a thing in a particular manner, then it must be done in that way and not otherwise---Section 476 of Companies act, 2017, provides cognizance to be taken in the case of registered companies while S.477 provides the way of making a complaint for such offences whereas S.497 provides the penalty /punishment for the offences committed---Section 476 of the Companies act, being non obstante clause excludes other provisions of the general law and full mechanism has been provided while taking the cognizance as provided under S.497 of the act, which is also a scheduled offence, provided in Eighth Schedule of the act---Thus, the contents of FIR fully constituted an offence under S.497 of the Companies act,hence, lodging of the FIR by the local police was without any competence and was patently illegal on the face of record---Constitutional petition was allowed, accordingly.

Sardar Faraaz Hussain vs State General and special law — 2025 PCrLJ 1715 PESHAWAR-HIGH-COURT

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