Sohail vs Station House Officer Ss — 2025 PCrLJ 1751 LAHORE-HIGH-COURT-LAHORE

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Sohail VS Station House Officer Ss.154 & 561-a---Constitution of Pakistan, art. 199---Penal Code (XLV of 1860), S. 406---Criminal breach of trust---Quashing of FIR---Constitutional jurisdiction of High Court---Scope---Petitioner/accused sought quashing of FIR by invoking Constitutional jurisdiction of the High Court---allegations against the petitioner/accused was that he misappropriated a huge amount belonging to the complainant---as per contents of the FIR, complainant and another person were involved in sale and purchase of fruit for the last several months; that petitioner/accused in the presence of witnesses had been taking fruit for supply and after collecting amount deposited the same with the complainant, however, he misappropriated fruit commodity and money---Perusal of the FIR revealed that petitioner was not purchasing fruit from the complainant rather was supplying the fruit of complainant to different persons and after supply of the same obtained money from concerned persons and gave said amount of fruit to the complainant party and in such way petitioner was acting as carrier and as per crime report (FIR ) he being carrier committed misappropriation of fruit commodity and money---as per illustration (f) of S.406, P.P.C, if a carrier was entrusted with property to be carried by land or water and he misappropriated property then he had committed criminal breach of trust, therefore, ingredients of the alleged offence were completed as per contents of the FIR and contention of the petitioner that it was a business transaction which did not attract alleged offence was without any force and was thus repelled---Quashing of FIR was an extraordinary relief which could only be granted if the FIR did not disclose the commission of any offence or there was any jurisdictional defect in the registration of the case---Court always avoids to quash the FIR merely by appreciation of oral or documentary versions of the parties without providing chance to cross-examine or confront the same---First Information Report (FIR) could not be quashed merely on the plea that same was false and concocted---So far as the allegation of mala fide of the complainant, if any, was concerned, it went without saying that same was a question of fact, which required proof by producing evidence without which the same could not be resolved and admittedly said exercise could not be done under Constitutional jurisdiction of the High Court---Petitioner being accused had remedy before the investigating agency for proving his version and even when interim report prepared under S.173, Cr.P.C., in the case had been sent to the Court, the petitioner had adequate remedy before the Trial Court to move application under S.249-a, Cr.P.C.---Petition was dismissed, accordingly.

Sohail vs Station House Officer Ss — 2025 PCrLJ 1751 LAHORE-HIGH-COURT-LAHORE

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