Law: Pakistan Penal Code, 1860

Section: 405,406,506

Law: Constitution of Pakistan, 1973

Section: 199

(a) Penal Code (XLV of 1860)--- ----Ss. 405 & 406---Constitution of Pakistan, Art. 199---Constitutional petition--- Quashing of FIR--- Criminal breach of trust---Civil litigation---Scope---Petitioner sought quashing of FIR wherein complainant had claimed that he had invested a certain sum of amount in the joint business with the petitioner and in that respect a written partnership deed was also executed between the parties---Business of the parties was, later on, closed and the petitioner returned partial amount to the complainant, however, he did not pay the profit of joint business or returned the remaining principal amount to the complainant---Validity---Present case was of civil nature regarding recovery of money or rendition of accounts but the complainant had lodged FIR by merely mentioning a single sentence therein that the petitioner had promised to keep the remaining amount of the complainant as a trust with him and the same would be returned as and when desired by complainant---Nowhere in the partnership deed was mentioned that amount invested by the complainant would remain as a trust---Provisions of S. 405, P.P.C. punishable under S. 406, P.P.C. were not attracted to the case---First Information Report was quashed. Miraj Khan v. Gul Ahmad and 3 others 2000 SCMR 122; Muhammad Ali and another v. Assistant Commissioner, Narowal and another 1987 SMR 795; Zulfiqar Ali v. Station House Officer, Police Station Model Town, Gujranwala and 2 others 2013 PCr.LJ 487; Umair Aslam v. Station House Officer and 7 others 2014 PCr.LJ 1305 and Zahid Jameel v. SHO and others 2008 YLR 2695 ref. Shaukat Ali Sagar v. Station House Officer, Police Station Batala Colony, Faisalabad and 5 others 2006 PCr.LJ 1900 rel. (b) Penal Code (XLV of 1860)--- ----S. 506---Constitution of Pakistan, Art. 199---Constitutional petition--- Quashing of FIR--- Criminal intimidation--- Vague allegations---Non-mentioning of exact time---Effect---Petitioner sought quashing of FIR (first information report) wherein complainant had levelled the allegation that petitioner and his co-accused extended threats of life---Validity---No specific time of threats of life allegedly extended by the…

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