MUHAMMAD TANVEER AHMAD vs EX-OFFICIO JUSTICE OF PEACE/ ADDITIONAL SESSIONS JUDGE-III, ISLAMABAD-EAST S — 2022 PCrLJ 1636 ISLAMABAD

Case information

Citation: 2022 PCrLJ 1636 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: PCRLJ
Parties: MUHAMMAD TANVEER AHMAD vs EX-OFFICIO JUSTICE OF PEACE/ ADDITIONAL SESSIONS JUDGE-III, ISLAMABAD-EAST S
Subject matter: Criminal
Provisions referred to: S. 378---C; S. 378; Criminal Procedure Code (V of 1898)

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

MUHAMMAD TANVEER AHMAD VS EX-OFFICIO JUSTICE OF PEACE/ ADDITIONAL SESSIONS JUDGE-III, ISLAMABAD-EAST S. 378---Criminal Procedure Code (V of 1898), Ss. 22-A & 22-B---Theft of movable property--- Proof--- Petitioner/complainant was aggrieved of dismissal of his complainant by Ex-officio Justice of Peace---Validity---Movable property was to have been taken out of possession of a person without such person's consent---Movable property alleged to have been taken by proposed accused was admittedly in the house belonging to such accused---Property was in her possession and could not be described as having benefit of doubt taken from the possession of petitioner/complainant---One of the elements of S. 378 of P.P.C. was that intended taking was dishonest---Removal of property on a bona fide claim of right did not constitute theft---House hold items and car were brought by petitioner/complainant for proposed accused--- Proposed accused had bona fide claim of right on the property, removal of which did not constitute theft---Allegation that proposed accused committed theft of movable property to which she had a bona fide claim of right belonging to her did not spell out any cognizance offence---High Court declined to interfere in order passed by Ex-officio Justice of Peace---Constitutional petition was dismissed, in circumstances.

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