| Case ID |
16865bd5-bbee-405f-995f-615f3f2d4add |
| Body |
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| Case Number |
W.P. No. 48249 of 2020 |
| Decision Date |
Mar 29, 2021 |
| Hearing Date |
Mar 29, 2021 |
| Decision |
The petition was allowed as the Ex-officio Justice of Peace failed to recognize the prima facie case for the registration of a criminal case. The court determined that the petitioner had established a basis for the registration of an FIR regarding the alleged embezzlement of funds and the disbursement of ghost loans by employees of Telenor Microfinance Bank Ltd. The previous dismissal of the petition was deemed to lack legal backing, and it was emphasized that an inquiry was not necessary before filing an FIR. The court directed the relevant authorities to record the petitioner's statement and proceed in accordance with the law. |
| Summary |
In the case of Syed Waseem Saqlain Gillani vs. Ex-officio Justice of Peace, the Lahore High Court addressed a petition under Article 199 of the Constitution of Pakistan, challenging the dismissal of a request for the registration of a criminal case against several respondents. The petitioner alleged that employees of Telenor Microfinance Bank Ltd. were involved in disbursing ghost loans and embezzling funds. The court criticized the Ex-officio Justice of Peace for failing to comprehend the legal requirements for registering a case, emphasizing that the presence of prima facie evidence suffices to initiate an investigation. The ruling reinforced the principle that the FIR serves to activate the legal process, and any verification of claims should occur post-registration. This case highlights the judiciary's role in ensuring that legitimate allegations of financial misconduct are adequately addressed, especially in the context of banking and finance. Key phrases include 'ghost loans', 'embezzlement', and 'criminal breach of trust', which are crucial for understanding the legal implications involved. |
| Court |
Lahore High Court
|
| Entities Involved |
Telenor Microfinance Bank Ltd.
|
| Judges |
ASJAD, JAVAID GHURAL, JUSTICE
|
| Lawyers |
Mr. Zahid Sultan Khan Minhas,
Mr. Atif Ahsan Warraich,
Syed Mansoor Ali Shah,
Mr. Jaam Khalid Farid, A.A.G.
|
| Petitioners |
SYED WASEEM SAQLAIN GILLANI
|
| Respondents |
EX-OFFICIO JUSTICE OF PEACE, ETC.
|
| Citations |
2021 SLD 2100,
2021 PLJ 638
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
Criminal Procedure Code (V of 1898)
|
| Sections |
199,
22-A
|