AYESHA TAYYAB vs STATION HOUSE OFFICER, POLICE STATION CANTT — 2025 SCMR 1117 SUPREME-COURT

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AYESHA TAYYAB VS STATION HOUSE OFFICER, POLICE STATION CANTT. DISTRICT SIALKOT S. 154---Penal Code (XLV of 1860), S. 406---Constitution of Pakistan, Art. 199---Criminal breach of trust---Quashing of FIR---Constitutional jurisdiction of the High Court---Scope---Allegations against the accused-respondents were that they dishonestly misappropriated an amount of Rs. 40 lac obtained by them from petitioner as loan---Petitioner lodged FIR under S. 406 P.P.C---High Court quashed the said FIR in its writ jurisdiction---Validity---Loan did not qualify as an entrustment---Where entrustment was made a fiduciary relationship arose between the giver and recipient, and the specific property entrusted was expected to be returned in its original form to the giver---However, such elements were absent in a loan where the relationship between the lender and borrower was purely contractual and there was no expectation of return of the same exact property, but rather something of the same value was returned---Even otherwise, there was a gross contradiction in the contents of the FIR, wherein it was first claimed that the amount was given as a loan but then it was alleged that the property was given as a trust---Thus, it appeared that the term 'Amanat' had been employed merely as a tool to attract the application of S. 406 P.P.C. and to secure the registration of FIR against the respondents---Additionally, no documentary evidence was available on the record which proved or showed that the petitioner gave the amount of Rs. 40,00,000/- (rupees forty lac only) to the respondents and the same had been noted by the High Court---Necessary implication of such legal interpretation, factual inconsistencies in FIR and non-availability of any documentary proof was that the offence punishable under S. 406 P.P.C was not made out from the contents of the quashed FIR---Thus, the decision of High Court to quash the FIR was in accordance with law---Consequently, leave to appeal was declined and petition was dismissed accordingly.

AYESHA TAYYAB vs STATION HOUSE OFFICER, POLICE STATION CANTT — 2025 SCMR 1117 SUPREME-COURT

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