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It was further submitted that under subsection (5) of section 31 of The Pakistan Telecommunication (Re-organization) Act, 1996, it was provided that no Court shall take cognizance of any offence punishable under this Act except on a complaint in writing by any officer authorized by the Authority or the Board. The same amounted to abuse of the process of the Court and is therefore, not maintainable.
According to learned counsel for the appellant, learned trial Court had failed to take into consideration the correct legal position. Cognizance taken by the learned trial Court on the police report and the trial conducted was therefore, not in consonance with the mandatory provisions of the law.
Cognizance taken by the Trial Court on the Police report and the trial conducted, in circumstances, was not in consonance with the mandatory provision of law and amounted to abuse of the process of the court and thus not maintainable Detail of judgment on Terminating Inter-national Traffic bypassing PTCL gateway By S J Tubrazy 2011YLR 2280[Islamabad]Before Riaz Ahmad Khan, JLIAQAT ISLAM---Appellant Versus THE STATE---Respondent Criminal Appeal No.11 of 2011, decided on 14th June, 2011. It was further contended that in the instant case original complaint was lodged by PTCL, which was not the authority to file the complaint and on the basis of complaint, filed by the PTCL, no case could be registered. On the other hand, learned Standing Counsel submitted that the prosecution had proved its case and the accused/ appellant was guilty of the alleged offence. I have heard learned counsel for the parties and have also perused the record. Section 31(5) of The Pakistan Telecommunication (Re-organization) Act, 1996, clearly provides that the Court would take cognizance only oil the complaint filed by the Board or any Officer authorized by the Board.
Pakistan Telecommunication (Re-organization) Act (XVII of 1996)--- -----S. Learned counsel for the appellant further contended that allegation against the present appellant is that he abetted the co-accused but there is no evidence against the present appellant for abetting the co-accused namely Umar Chaudhry. It is admitted that in the present case, the complaint was not lodged by the Board or any person authorized by the Board.
They said their goodbyes and parted ways, she sat amongst the desi crowd in the lounge for the Pakistan bound flight while he roamed a different corner of the airport.
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Such is the situation as I sit forking down scallops in the sunny dining room of The Yacht London, a 1920s steam vessel moored at Temple Pier, with Prince Nicholas Khan-Roper on my right and Prince Jason Khan on my left.31-Electronic Transactions Ordinance (LI of 2002), Ss. Learned counsel for the appellant in support of his contentions, relied upon judgments reported as PLD 1998 Karachi 116, 1993 PCr. 36 & 37---Penal Code (XLV of 1860), Ss.420 & 109--Cheating abetment----Terminating Inter-national Traffic bypassing PTCL gateway by using Internet Protocol Address---Appreciation of evidence---PTA had received a complaint through PTCL that accused was terminating International Traffic by passing PTCL gateway by using Internet Protocol Address as source---Accused was convicted and sentenced under S.31(3) of Pakistan Telecommunication (Re-organization) Act, 1996---Section 31(5) of Pakistan Telecommunication (Re-organization) Act, 1996 provided that the court would take cognizance only on the complaint by, the Frequency Allocation Board or any officer authorized by the Frequency Allocation Board---In the present case complaint was not lodged by the Frequency Allocation Board or any person authorized by the Board---F. It was a 25 minute long love story with minimal dialogues and a lot of background music. Kennedy International Airport where a shalwar kameez clad Pakistani dosheeza (played by a Bangladeshi actor) with no English language skills was wandering around the JFK, looking all harassed (just like the razia jo ke ghundon main phans gayee ho, although no ghundas were in sight).She was keenly watched by a cute guy (we later found out that he was a Brazilian) with a manual camera slung from his neck (giving him the arty hipster look).