Law: Penal Code (XLV of 1860)

Section: 378

Law: Criminal Procedure Code (V of 1898)

Section: 22-A,22-B

Penal Code (XLV of 1860)--- ----S. 378---Criminal Procedure Code (V of 1898), Ss. 22-A 22-B---Theft of movable property--- Proof--- Petitioner/complainant was aggrieved of dismissal of his complainant by Ex-officio Justice of Peace---Validity---Movable property was to have been taken out of possession of a person without such persons consent---Movable property alleged to have been taken by proposed accused was admittedly in the house belonging to such accused---Property was in her possession and could not be described as having benefit of doubt taken from the possession of petitioner/complainant---One of the elements of S. 378 of P.P.C. was that intended taking was dishonest---Removal of property on a bona fide claim of right did not constitute theft---House hold items and car were brought by petitioner/complainant for proposed accused--- Proposed accused had bona fide claim of right on the property, removal of which did not constitute theft---Allegation that proposed accused committed theft of movable property to which she had a bona fide claim of right belonging to her did not spell out any cognizance offence---High Court declined to interfere in order passed by Ex-officio Justice of Peace---Constitutional petition was dismissed, in circumstances. PLD 2016 SC 581 and PLD 2007 SC 539 ref. Abdul Aziz Sattar alias Abdul Aziz Abdul Sattar v. Khaja M. Ashraf and another PLD 1965 Dhaka 315 rel. JUDGMENT SAMAN RAFAT IMTIAZ, JUSTICE:---.--- The Petitioner has invoked the Constitutional Jurisdiction of this Court by filing the instant writ petition seeking setting aside of the order dated 14.01.2022 (‘Impugned Order’) passed by the Ex-Officio Justice of Peace/Additional Sessions Judge-III, Islamabad-East, whereby his petition under section 22-A, Cr.P.C. has been dismissed. The Petitioner further seeks direction for Respondent No.4 (Station House Officer, Police Station Sihala, Islamabad) to register FIR against Proposed Accused. 2. Brief facts of the case as per the Memo of Petition are that the Petitioner filed a petition under sections 22-A/B, Cr.P.C. before Respondent No.1 for issuance of direction to Respondents Nos. 2 to 4 to register FIR against the Proposed…

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