Case Details

Citation(s)
1976 SLG 992 1976 SLD 992 1976 PCRLJ 1293
Sindh High Court
Criminal Miscellaneous Application No, 15 of 1975, 2nd October, 1975
ZAKAULLAH LODHI, J

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Mirza Muhammad Jaffar

VS

Mirza Dildar Hussain And 2 Others

Law:

Section:

Keywords: Cancellation, Period, Possession, Land, Notice, Quashment, Cheating, Copy, Disclose, Criminal Offence, Refusal, Recovery, Offences, Appearance, Dispute, Proceedings, Power Of Attorney, Management, Lands, Criminal Proceedings, Trial Court, Contentions, Territorial Jurisdiction, Parties, Cognizance, Proceeds, Cause Of Action, Petitioner, Provisions, Appropriation, Magistrate, Money, Property, Procedure, Jurisdiction, Petition, Interference Result: Petition allowed JUDGMENT This is a petition under section 561-A, Cr. P. C. Seeking quashment of the proceedings pending against the petitioner in the Court of A. C. M. XVIII, Karachi, under sections 420 and 406, P. P. C. 2. The brief facts of the case are that the applicant is nephew of the complainant Mirza Dildar Hussain, respondent No. 1. He is also nephew of the respondent No. 2 who is an accused in the complaint filed by the respondent No. 1, on 24.6-65, the respondent No. 1 executed a power of attorney in favour of the petitioner whereby the petitioner was authorized to look after his lands situated in Sukkur. A copy of the power of attorney has been filed as Annexure 'A' with the petition. The petitioner looked after the lands of respondent No. 1 for sometime and followed the directions given to him from time to time in connection with the management of the lands. Some of the lands were also sold by him and according to the petitioner the sale proceeds were remitted to the respondent No.1. He has further urged that after some time. a family dispute arose between the parties as a result of which the respondent No. 1 filed a complaint in the Court of A. C. M. XVIII, Karachi, on 20-9-1973 under sections 420 and 406, P. P. C. Read with suction 34, P, P, C. In this complaint the respondent No. 2 was also arrayed as an accused besides the petitioner. The main allegations in the complaint are that the power of attorney dated 24-6-1965 was executed in favour of the petitioner by the respondent No. 1 on his assurance that he would look after the lands and would render accounts regularly but despite repeated demands he did not render the accounts as such the respondent No. I got suspicious about the intentions…
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