HUMAYUN MIRZA vs STATION HOUSE OFFICER, POLICE STATION SHAHPUR SADAR, TEHSIL SHAHPUR, DISTRICT SARGODHA S — 2023 PCrLJ 697 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PCrLJ 697 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PCRLJ
Parties: HUMAYUN MIRZA vs STATION HOUSE OFFICER, POLICE STATION SHAHPUR SADAR, TEHSIL SHAHPUR, DISTRICT SARGODHA S
Subject matter: Criminal
Provisions referred to: S. 22-; S. 409---F; S. 2; Penal Code (XLV of 1860)

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

HUMAYUN MIRZA VS STATION HOUSE OFFICER, POLICE STATION SHAHPUR SADAR, TEHSIL SHAHPUR, DISTRICT SARGODHA S. 22-a---Penal Code (XLV of 1860), S. 409---Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), S. 2(c)---Criminal breach of trust by public servant, or by Banker, merchant or agent---Scope---Petitioner assailed order passed by Ex-officio Justice of Peace whereby his application under S. 22-a, Cr.P.C. was dismissed on the ground that the matter came within the provisions of Financial Institutions (Recovery of Finances) Ordinance, 2001---Case of petitioner was that a sugar mill had obtained the facility of loan from petitioner/Bank by pledging sugar bags---Bank appointed surveyors for security of the stock but during joint inspection came to know that the pledged sugar bags were missing---Bank alleged that the sugar bags were misappropriated/sold/alienated by respondents/ proposed accused persons---Financial Institutions (Recovery of Finances) Ordinance, 2001 was only applicable where there was a relationship of customer and financial institution between the parties---Proposed accused persons did not come within the definition of customer---Surveyor, by virtue of its appointment, had become an agent of the Bank and had to act in accordance with such agency---Constitutional petition was accepted and the SHO was directed to record statement of petitioner.

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