| Case ID |
2617530c-8d37-418f-a373-6141178d74d4 |
| Body |
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| Case Number |
Criminal Miscellaneous Application No. S-314 of 20 |
| Decision Date |
Aug 16, 2010 |
| Hearing Date |
|
| Decision |
The application was granted, directing the Magistrate to proceed further into the matter. The court found that the order to refer the case to a Special Court was made without proper legal basis, as the offence charged against the applicant did not fall within the scheduled offences related to banking matters as defined by the relevant ordinance. The court emphasized that the Magistrate failed to appreciate that the allegations pertained to a private dispute and not to a matter concerning the business of the bank, thus making the referral to a Special Court unjustified. |
| Summary |
In the case of Criminal Miscellaneous Application No. S-314 of 2010, the Sindh High Court addressed the referral of a case to a Special Court under the Offences in Respect of Banks (Special Courts) Ordinance, 1984. The applicant, Nasir Ali Jatt, challenged the Magistrate's decision to refer the case, arguing that the allegations of cheating and other offences did not relate to banking activities as defined in the law. The court critically analyzed the legal basis for the referral, determining that the allegations were part of a private dispute unrelated to the bank's operations. The court's ruling underscored the importance of adhering to legal definitions and ensuring that cases are tried in the appropriate forums. This case highlights significant aspects of the law regarding banking offences and the jurisdiction of Special Courts, making it relevant for lawyers, legal scholars, and practitioners in the field of criminal law. The ruling serves as a precedent for similar cases where the connection to banking operations is tenuous at best, ensuring that individuals are not unjustly prosecuted under specialized legal frameworks when the circumstances do not warrant it. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SALMAN HAMID, J,
NASIR ALI JATT
|
| Lawyers |
Noorul Haq Qureshi,
Shahid Ahmed Shaikh
|
| Petitioners |
Nasir Ali Jatt
|
| Respondents |
THE STATE
|
| Citations |
2011 SLD 2047,
2011 YLR 255
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Offences in Respect of Banks (Special Courts) Ordinance (IX of 1984)
|
| Sections |
561-A,
420,
379,
506(2),
2(d)
|