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QAISER AMIN KHAWAJA versus SPECIAL JUDGE (OFFENCES IN RESPECT OF BANKS), N.W.F.P.

Section 5 (1) Constitution of Pakistan (1973), Article 199 Constitutional application to terminate FIR case for detection of fraud / fraud in a bank, as applicant as Chief Manager and Special Power of Attorney of this bank As a holder, investigating the applicant under Section 200 of the Criminal Complaint under Section 5 (1), the Special Judge of 1984 in connection with the Ordinance of the Bands (Special Courts), which dealt with the case. Subsequently, the CR referred the complaint to the FIA for inquiry, the Special Judge dissatisfied with the inquiry. It is necessary to investigate the matter further and file a criminal case in which, in addition to the accused in the complaint, the bank officers should also file a case against the FIA found to be involved in the crime in which any of the bank officials Is not included. On special compensation, the Special Judge once again ordered the FIA to include the names of the applicant's chief manager and the bank's legal adviser in the FIR before the challan could be presented as per the order. The Special Judge, the judges, took action against the applicants who treated them as accused and asked them to submit the required bail bonds. The petitioners challenged the orders of the Special Judge and the order to terminate the Special Judge's FIR was illegal and void and it could not be that the Special Judge had to comply with the provisions contained in the special law which were in relation to the provisions of the Banks. Orders of 5 (1) (Special Courts) were common under the Ordinance, 1984; the Court did not automatically comply with the Moto Power. online advocate from Dargai lawyer