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NASIR MAHMOOD, REGIONAL OPERATIONS' CHIEF, HBL vs KAMRAN KHAN Ss — 2025 PLD 120 PESHAWAR-HIGH-COURT

Case information

Citation
2025 PLD 120 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2025
Reporter
PLD
Parties
NASIR MAHMOOD, REGIONAL OPERATIONS' CHIEF, HBL vs KAMRAN KHAN Ss
Subject matter
Criminal
Provisions referred to
S. 17; S. 15---S; S. 404; S. 3; Criminal Procedure Code (V of 1898); Criminal Procedure 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

NASIR MAHMOOD, REGIONAL OPERATIONS' CHIEF, HBL VS KAMRAN KHAN Ss. 15, 16 & 17(2)---Criminal Procedure Code (V of 1898), Ss. 404 & 423---Order of Consumer Court---Appeal---Maintainability---High Court, jurisdiction of---Right to appeal under S. 17(2) has been extended to all orders of the Consumer Court, including those under S. 15---Since the Act, 1997, did not provide any procedure governing the appeals at the appellate stage, the reference to the Criminal Procedure Code, 1898, is purely procedural, aimed at ensuring an effective and consistent framework at the appellate stage---Bar created by S. 404, Cr.P.C does not apply to appeals under S. 17(2) of the Act, 1997, as the latter, being a special law, expressly provides the right to appeal to the High Court---Inclusion of the phrase "mutatis mutandis" pertains solely to procedural aspects and does not subject the appeal to the bar under S. 404, Cr.P.C.---Furthermore, S. 3 of the Act, 1997 underpins this view by providing that its provisions are in addition to and not in derogation of, any other law for the time being in force---Said facts imply that the right of appeal under the Act operates independently of the bar imposed by S. 404, Cr.P.C. thereby supplementing the existing legal framework rather than being subordinate to it---Therefore, the explicit statutory right in S. 17(2) of Act, 1997 carves out an exception to the general bar imposed by S. 404, Cr.P.C.---Order accordingly.

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