Law: Penal Code (XLV of 1860)

Section: 405,406

(a) Penal Code (XLV of 1860)--- ----Ss. 405, 406--- Criminal breach of trust--- Expressions entrustment and trust used in section 405, P.P.C.---Scope---Expression “entrustment” with the property or with any domain over the property has been used in a broader sense under section 405, P.P.C.; it has wide and different implications in different context---While expression “trust” in section 405, P.P.C. is a comprehensive expression and has been used to denote various types of relationship, like relationship of trustee and beneficiary, bailor and bailee, master and servant, pledger and pledgee. (b) Administration of justice--- ----Pursuing concurrent remedies under civil and criminal law---Permissibility---Remedy (for the same cause) can be pursued both under the criminal law and civil law in diverse situations---Although they plainly overlap, they do not always exclude one another, and essentially vary in both content and impact---Any act does not lose its criminal nature just because it has a civil liability, and it is wrongly presumed that when a civil liability is under challenge and its discipline relates to civil remedy, criminal prosecution is unsustainable. (c) Penal Code (XLV of 1860)--- ----Ss. 405, 406---Criminal Procedure Code (V of 1898), S. 154---Constitution of Pakistan, Art. 199---Criminal breach of trust---First Information Report (FIR) quashed by High Court in its Constitutional jurisdiction---Legality---In the present case, the alternative remedy of filing petition (under Cr.P.C) was not availed rather accused persons/ respondents directly filed a Constitution petition (before the High Court) calling in question the very registration of FIR---Contents of the crime report were totally ignored by the High Court and were not taken into consideration while adjudicating the matter---Bare perusal of the FIR and the agreement to sell prima facie revealed that a clear allegation of entrustment and misappropriation of the property was made by the petitioner/vendee against the respondents/vendors in the FIR, which prima-facie disclosed an offence under section 405, P.P.C. punishable under section 406, P.P.C.---Admittedly, despite lapse of statutory period,…

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