Law: Financial Institutions (Recovery of Finances) Ordinance, 2001

Section: 7,20

Law: Penal Code (XLV of 1860)

Section: 406

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 7 20---Penal Code (XLV of 1860), S. 406---Constitutional petition---Quashing of FIR---Criminal breach of trust---Jurisdiction of Banking Court---Scope s sought quashing of FIR registered against them under S. 406, P.P.C.---Sugar bags were allegedly removed by petitioners lying in the godown of sugar mills of which they were directors---Said sugar bags were in the control of the Bank as the same were pledged against loan taken by petitioners mills---Complainants company was deputed by Bank for security of sugar bags through an agreement---Registration of FIR by police was unwarranted and uncalled for as the alleged offence could only be tried by the Banking Court constituted under the provisions of Financial Institutions (Recovery of Finances) Ordinance, 2001---Action could only be taken by an Investigating Agency nominated by Federal Government on a complaint in writing moved by authorised officer of a financial institution--- Local police had no authority to register a criminal case in the matters between a Bank and its customers---Constitutional petition was allowed, in circumstances.   Muhammad Asif Nawaz v. Learned Additional Sessions Judge/Justice of Peace Multan and 2 others 2014 PCr.LJ 1 = 2014 CLD 45; Murshid Ali and 4 others v. Station House Officer, Police Station Saddar, Khanewal and another 2011 CLD 1539 and The State through Prosecutor General Punjab Lahore v. Karam Dad Bhatti 2019 PCr.LJ 902 ref. Syed Mushahid Shah v. Federal Investigation Agency and others 2017 SCMR 1218 rel. ORDER CH. MUSHTAQ AHMAD, J.--- Through this Constitutional petition, quashment of FIR No.326/19 dated 23.06.2019 registered at Police Station City Shorkot District Jhang for the offence under section 406, P.P.C. has been sought. 2. Heard and perused the file. 3. First Information Report above mentioned was registered on the complaint made by Muhammad Abbas son of Muhammad Ramzan, Area Manager of Messrs Chishti Associates, Security Company. As per FIR, said company was deputed by Messrs MCB Bank for security of 2,43,000/- bags of refined sugar lying in godown of Messrs Kashmir Sugar Mills,…

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