Law: Penal Code (XLV of 1860)

Section: 405,406

Law: Constitution of Pakistan, 1973

Section: 199

(a) Penal Code (XLV of 1860)--- ----Ss. 405 & 406---Constitution of Pakistan, Art. 199---Criminal breach of trust---Constitutional petition---Quashing of F.I.R.---Accused named in the F.I.R. had allegedly given an undertaking to return Rs.35,02,000 to the complainant for return of defective bales of cotton supplied by his Firm to the complainant, but they failed to fulfil the obligation as narrated in the F.I.R.---Accused statedly had given a cheque of Rs.15,00,000 to the complainant, but took the same back upon an assurance to give another cheque of Rs. 25,00,000 and tore away the said cheque of Rs. 15,00,000-Prima facie, the provisions of S. 405, P.P.C. were attracted in the case---F.I.R. making out a prima facie case could not be quashed by High Court in exercise of its jurisdiction under Art. 199 of the Constitution---Constitutional petition was dismissed in limine in circumstances. Muhammad Aslam (Amir Aslam) and others v. District Police Officer, Rawalpindi 2009 SCMR 141 and Muhammad Shahid Maqbool Bhatti v. Sajid Hussain and others 2010 MLD 722 distinguished. The State through Prosecutor-General, Punjab, Lahore v. Sultan Ahmed and others PLD 2007 SC 48 and Col. Shah Sadiq v. Muhammad Ashiq and others 2006 SCMR 276 rel. (b) Constitution of Pakistan--- ----Art. 199---Penal Code (XLV of 1860), S. 406---Constitutional jurisdiction---Scope---Criminal breach of trust---Quashing of F.I.R.---F.I.R. making out a prima facie case cannot be quashed in exercise of jurisdiction of High Court under Article 199 of the Constitution. The State through Prosecutor-General, Punjab, Lahore v. Sultan Ahmed and others PLD 2007 SC 48 and Col. Shah Sadiq v. Muhammad Ashiq and others 2006 SCMR 276 ref. ORDER NASIR SAEED SHEIKH, JUSTICE:---.--- The petitioner, Muhammad Irfan Tufail, has been involved in an F.I.R. No.930 of 2010, registered on 29-12-2010, at Police Station, Aroop, District Gujranwala, for the offence under section, 406 of P.P.C. The F.I.R. has been lodged at the instance of one Muhammad Rasheed contending that the complainant claimed to be an American as well as a Pakistani national resides at Faisalabad and was operating a business office by the name of Fine…

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