MUHAMMAD ALI vs SAMINA QASIM TARAR Ss — 2022 SCMR 2001 SUPREME-COURT

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

MUHAMMAD ALI VS SAMINA QASIM TARAR Ss. 405 & 406---Criminal Procedure Code (V of 1898), S. 154---Constitution of Pakistan, Art. 199---Criminal breach of trust---First Information Report (FIR) quashed by High Court in its Constitutional jurisdiction---Legality---In the present case, the alternative remedy of filing petition (under Cr.P.C) was not availed rather accused persons/ respondents directly filed a Constitution petition (before the High Court) calling in question the very registration of FIR---Contents of the crime report were totally ignored by the High Court and were not taken into consideration while adjudicating the matter---Bare perusal of the FIR and the agreement to sell prima facie revealed that a clear allegation of entrustment and misappropriation of the property was made by the petitioner/vendee against the respondents/vendors in the FIR, which prima-facie disclosed an offence under section 405, P.P.C. punishable under section 406, P.P.C.---Admittedly, despite lapse of statutory period, the challan had not been submitted before the Trial Court, which ex-facie meant that investigation had not been completed---In such circumstances, the possibility could not be ruled out that further material may be collected for proceeding with trial---Question regarding determination as to whether there was an entrustment of property, as asserted by the petitioner, could best be left to Trial Court to consider and decide in exercise of its power after recording of evidence--- Petition for leave to appeal was converted into appeal and allowed, and impugned judgment of the High Court was set-aside with the direction to the prosecution branch to submit challan of the case before the Trial Court without un-necessary delay.

MUHAMMAD ALI vs SAMINA QASIM TARAR Ss — 2022 SCMR 2001 SUPREME-COURT

Case information

Judgment text as reported

Other judgments reported in 2022 SCMR