JEHANZEB KHAN vs JUSTICE OF PEACE, ADDITIONAL SESSIONS JUDGE-III, ISLAMABAD-EAST Ss — 2022 MLD 1263 ISLAMABAD

Case information

Citation: 2022 MLD 1263 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: MLD
Parties: JEHANZEB KHAN vs JUSTICE OF PEACE, ADDITIONAL SESSIONS JUDGE-III, ISLAMABAD-EAST Ss
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

JEHANZEB KHAN VS JUSTICE OF PEACE, ADDITIONAL SESSIONS JUDGE-III, ISLAMABAD-EAST Ss.22-a & 22-B---Powers of Ex-officio Justice of Peace---Registration of FIR---Dispute of civil nature---Scope---Petitioner assailed order passed by Ex-officio Justice of Peace directing the registration of FIR on the application of the respondent company---Case of company was that the petitioner had continued to retain the company car given to him for the purposes of his employment long after him ceasing to be an employee and thereby committed criminal breach of trust---Contention of petitioner was that an employee of the company had promised to pay his outstanding salary with the commitment that till payment of the due amount he would not be dispossessed from the vehicle---Held; alleged verbal promise, for which no documentary proof was on record, was inconsistent with the application filed by the company before Ex-officio Justice of Peace---alleged undertaking was not worthy of any credence unless proved in evidence led at the trial---Petitioner had already filed a suit for recovery of his dues from the company, his continued possession did not appear to be warranted in law---Temporary injunction granted by Trial Court was against illegal snatching and in its terms had created an exception for recourse to the legal process---Constitutional petition was dismissed.

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