Law: Crown Grants Act, 1895

Section: 561-A

Law: Constitution of Pakistan, 1973

Section: 199

Law: Pakistan Penal Code, 1860

Section: 406/448

Criminal Procedure Code, 1898 (V of 1898)-- ---S. 561-A--Constitution of Pakistan, 1973, Art. 199--Pakistan Penal Code, (XLV of 1860), S. 406/448--Quashment of FIR--Direction to--To constitute offence of criminal breach of trust, there must be an entrustment of property with accused and a misappropriation of same by him--While using inherent powers, high Court is to determine whether continuance of proceedings would constitute a gross abuse of judicial process--It is wrongly presumed that when a civil liability is under challenge and its discipline relates to civil remedy, criminal prosecution is unsustainable--The alternative remedy of filing petition under law was not availed rather directly filing a constitution petition--In an appropriate case where complete injustice has been done, a constitutional remedy can be pressed into--Question regarding determination as to whether there was an entrustment of property, as asserted by  petitioner, could be left to trial Court--impugned is set aside and prosecution branch is directed to submit challan of case to trial Court.                                                                                                                                                   [Pp. 289 290] A, B, C, D, E, F G JUDGMENT Sayyed Mazahar Ali Akbar Naqvi, J.--Through this petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has called in question the vires of judgment dated 01.10.2020 passed by the learned Islamabad High Court, whereby the writ petition filed by the respondents was allowed and the FIR No. 163 dated 28.04.2020 registered under Sections 406/448, P.P.C. at Police Station Lohi Bher, Islamabad registered against them, was quashed. 2. Briefly stated the facts of the matter are that Respondent No. 1 was…

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