Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 405---Criminal breach of trust---Pre-condition---For attracting offence defined as 'criminal breach of trust' under S.405, P.P.C., there must be an 'entrustment' of property and thereafter that property should have been alienated, disposed-of, misappropriated or converted in the manner specified in the provision. Jaswantrai Manilal Akhaney v. The State of Bombay AIR 1956 SC 575 rel. (b) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court---Scope---High Court can exercise its powers under Art. 199 of the Constitution to an extent that the same can only be exercised sparingly and under extraordinary and exceptional circumstances. Col. Shah Sadiq v. Muhammad Ashiq and others 2006 SCMR 276 rel. (c) Constitution of Pakistan--- ----Art. 199--- Penal Code (XLV of 1860), Ss. 405 & 406---Constitutional petition---Quashing of FIR---Criminal breach of trust---Accused invoked constitutional jurisdiction of High Court seeking quashing of FIR on the plea that no offence of criminal breach of trust was made out---Validity---Investigation was not completed and in such circumstances, it could not be overruled that further material might not be collected for proceeding with trial---In the present case, prima facie, the bare perusal of FIR, showed that ingredients of S. 405, P.P.C. were not fulfilled---Facts to the extent of execution of agreement was admitted but the question regarding determination as to whether there was an entrustment of property, as asserted by complainant, could best be left to Trial Court to consider and decide in exercise of its powers which petitioner could invoke by way of availing alternate remedies available under law such as S. 249-A or 265-K, Cr.P.C.---Petition was disposed of accordingly. Allah Rakhio and others v. The State 2001 PCr.LJ 551; Shah Fahad and another v. The State 2014 YLR 2241; Shaukat Ali Sagar v. Station House Officer, Police Station, Batala Colony, Faisalabad and 5 others 2006 PCr.LJ 1900; Shaikh Muhammad Taqi v. The State 1991 PCr.LJ 963; Sh. Naveedur Rehman v. The State and 2 others 2010 PCr.LJ 1340; Seema Fareed and others v. The State and another 2008…

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