Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2025 SHC 185. In this matter between Const. P. 223/2025 (S.B.) Sindh High Court, Karachi - Pujab Beverages Company Pvt. Ltd (Petitioner) and the Respondent, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.

Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.

Full Judgment Text & Judicial Ruling

COURT: Sindh High Court CASE NO: Const. P. 223/2025 (S.B.) Sindh High Court, Karachi CITATION: 2025 SHC KHI 183 PARTIES: Pujab Beverages Company Pvt. Ltd (Petitioner) ORDER DATE: 08-APR-25 BENCH: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) A.F.R: Yes ------------------------------------------------------------ IN THE HIGH COURT OF SINDH AT KARACHI CP. No. S--223 of 2025 (Punjab Beverages Company Private Ltd v Federation of Pakistan & others) Date Order with signature of Judge

Date of hearing and Order: 07.04.2025

Mr. Khurram Lakhani advocate for the Petitioner. Mr. Ali Safdar Depar, AAG Mr. Qamaruddin Nohri DPG along with SI Ch.Ghazanfar P.S Karachi Industrial Area, DSP Investigation III, Korangi Nisar Landhi. ---------------------

O R D E R

Adnan-ul-Karim Memon J: Punjab Beverages Company Pvt. Ltd., a reputable sugar producer based in Punjab, states its owners, Farooq Ahmed Khan (CEO) and Omer Farooq Khan (MD), were declared proclaimed offenders in Karachi without their knowledge, leading to passport and ID card sei zure. They have been informed that two FIRs (749/19 & 751/19, both dated 04.07.2019, under Sections 489-F/420/34 PPC at KLA Police Station) registered against them for dishonored cheques they allegedly did not sign. The Petitioners, residing in Punjab (approx. 1150 km from Karachi) with no Karachi office, claim they were unaware of these FIRs for four years. An initial investigation deemed the cheques "security cheques," but the trial court later took cognizance on 15.08.2024. The Petitioners seek protectio n from undisclosed FIRs, fearing arrest upon surrendering in Karachi for the known FIRs. They allege d the complainant (Respondent No. 4) is suppressing facts and misusing the law to blackmail them. They request th is C ourt to direct the disclosure of all FI Rs in Sindh and grant them protection from arrest in any new, undisclosed cases without prior court permission. They also seek legal protection as per the Constitution. The Petitioners pray for the requisition of a fresh report on all criminal cases agains t the company, the CEO, and the MD in Sindh.

2. Following the Court's order dated 24.03.2025, the IG Police Sindh directed various DIGs to provide details of FIRs against Punjab Beverages Company Pvt. Ltd. Reports from DIGs Sukkur, Hyderabad, Larkana, Sh aheed Benazirabad, Mirpurkhas, CTD Sindh, South, West & CIA Karachi indicated no registered cases. However, DIGP East Zone, Karachi reported two (02) following FIRs registered at KLA Police Station:

(1) FIR No. 749/2019, U/S 489-F/420/34 PPC, against Umer Farooque and Farooque Ahmed Khan (Challaned).

(2) FIR No. 751/2019, U/S 489-F/420/34 PPC, against Umer Farooque and Farooque Ahmed Khan (Challaned).

3. Considering the aforementioned details, the objective of filing this petition has been achieved. Consequently, this petition is hereby disposed of in the terms stated above. However no harassment shall be caused to either party and the case shall be decided by the competent court of law if pending.

JUDGE

Shafi

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