2016 PLP 559 (YLR)

HASAN FEROZ, J.

By this order I intend to dispose of Criminal Misc. Application No.344 of 2012 moved under Section 561-A, Cr.P.C. in FIR No.312/2012, under Sections 56, 66, 67, 74 Copyright Ordinance, 1962 lodged at P.S. S.I.U. Saddar, Karachi on 02.07.2012 by the Complainant namely Haroon Tariq son of Habib Ur Rehman against the applicant be quashed and orders dated 06.08.2012 and 26.11.2012 passed by the Judicial Magistrate for reinvestigation of the matter again and again be set aside being illegal, unjust and unlawful.

2. The brief facts of the FIR are that Complainant Haroon Tariq son of Habib-ur-Rehman lodged FIR No.312/2012 under Sections 56, 66, 67, 74 Copy Rights Act at Police Station SIU Saddar, Karachi stating therein that he was appointed attorney of American Eagle Out Fitters to check the goods like American Eagle Out Fitters and do the needful against them to prepare the goods like. Today when he was present at Shershah Factory Area he saw container at the gate of Plot No. M-II-E-453, Street No.17 Block-D, Shershah Karachi and in the container found that different colors of shirts like American Eagle Out Fitters were there. Suddenly he informed the police mobile which was on area patrolling who at about 12:15 pm on my pointation got into custody container and found 557 cartons in which different kind of shirts were found. ASI Syed Salahuddin got possession of the said cartons and arrested the accused namely Muhammad Aslam S/o Abdul Ghani while other three accused persons disappeared from the site. Complainant came with police party and arrested accused at P.S. SIU and lodged complaint against the accused persons to use the monogram of American Eagle Out Fitters and damage the company's good will.

3. Learned counsel for the applicant has contended that after lodgment of the FIR an inquiry was conducted by the I.O. ASI Syed Salahuddin Ali (ASI) and submitted the final report No. 11/2012 under Class 'C' which was duly accepted by the Judicial Magistrate Karachi West. The Advocate for the complainant filed an application for reinvestigation of the matter and the IInd Civil Judge and J.M. West Karachi after admitting the report in Class 'C' ordered for reinvestigation of the matter. That after the reinvestigation of the matter another I.O. Namely Sub-Inspector Muneer Ahmed of SIU.CIA submitted the report that no offence was committed by the accused but the trial Court did not accept the same, while the same Court had already accepted a similar report and ordered for third time investigation and directed SSP SIU to submit the report. That in presence of the complainant the cartons were opened and found that there was no monogram found on the T-Shirts and no evidence whatsoever, is available against the accused hence said act is unjust, mala fide and illegal and an abuse of due process of law. Learned counsel for the applicant has contended that the complainant is also satisfied with the investigation report's of the I.Os. but the trial Court is not accepting the same and creating hindrance to provide justice to the applicant as the impugned actions/orders of the trial Court after admitting the report under 'C' Class is unjust, unlawful and against the natural justice to reinvestigate the matter twice. Learned Judicial Magistrate has failed to go through the documents/reports and has passed illegal orders after approval of report under 'C' Class. That the I.Os. after investigating the matter submitted the reports dated 17.07.2012. and 29.09.2012 and found that there was no offence committed by the accused.

4. I have in my consideration that by virtue of order dated 09.09.2013 application on behalf of the complainant was considered. I have in my perusal the orders passed by the Judicial Magistrate impugned herein.

5. The contention of applicant that after passage of order dated 06.08.2012 the order passed by learned Magistrate dated 26.11.2012 is liable to be quashed however at the same breath I have in my consideration that the continuity between the orders is with regard to the holding of proper investigation of the subject which has remained undermined by the police for one reason or the other therefore I am of the considered view that under section 173, Cr.P.C. there is no legal limit to the number of investigations which can be held into a crime, when one has not been fully completed by the submission of the report under section 173, Cr.P.C. another may begin to dig out and collect fact and evidence due to incomplete investigation therefore, in the instant case the order passed by the learned Magistrate does not suffer from any infirmity, therefore, the orders impugned herein is not liable to be quashed and the subsequent order passed by the Magistrate holds around. The petition thus fails with no order as to costs. MH/A-24/Sindh Petition dismissed.