PLJ 2022 Lahore High Court 642
Criminal Procedure Code, 1898 (V of 1898)-- ----S. 5--Registration of FIR--Trial of offences against other laws--If the procedure is not given in any special law, then one prescribed under CrPC, 1898 shall be followed--According to the second schedule of CrPC, if an offence is punishable with imprisonment for one year and upwards but less than three years, the offence shall be non-cognizable--There is a difference between registration of FIR and taking cognizance, yet FIR could only be registered in cognizable offence--On this score, FIR for an offence under PTA can not be registered--Very registration of FIR was false owing to mistake of law and the court in its constitutional jurisdiction can quash the same.
Pakistan Telecommunication (Re-organization) Act, (XVII of 1996), Ss. 2 & 4--Telecom Consumers Protection Regulations, 2009--Regulations 3(vi) & (vii)-- Subscriber Antecedents Verification Regulations, 2015--Regulation 12--Transfer of SIM--quashment of FIR--A complaint was received qua unilateral conversion of SIM, internal inquiry was conducted and conversion was converted to the ownership--To protect the consumer s interest, an action was also taken against senior manager CSC and he was fined--Application filed against such conversion was attended by Wafaqi Mohtasib who after hearing the parties directed PTA to redress grievance of the petitioner--Complainant of FIR could have filed an application or an appeal u/S. 7 of the PTA, 1996, but it was not done--There is a complete and comprehensive mechanism given in PTA, 1996--Change of ownership of SIM is regulated under Rule 12 of Subscriber Antecedents Verification Regulations, 2015 which authorizes the operators to change the ownership of SIM--If any breach of such regulation is found, such breach is punishable u/s 31 of PTA, 1996, every offence specified in sub-section (1) shall punishable with imprisonment which may extend to two years--No court take cognizance of any offence under the act, except on a complaint in writing by an officer authorized by authority or the Board
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