Law: Penal Code (XLV of 1860)

Section: 420, 410

Law: Criminal Procedure Code (V of 1898)

Section: 361

(a) Penal Code (XLV of 1860) S. 420-Cheating-Father and son arraigned together-Previously instituted civil suit on same facts not mentioning son's name---No allegation in complaint of son having been privy to contract allegedly forming basis of cheat ing-Subsequent addition of son's name, held, a clear afterthought meant to harass accused-Son, held, arraigned before criminal Court for no valid reason. (b) Penal Code (XLV of 1860) S. 410 read with Scrutiny of Claims (Evacuee Property) Regulation [C. M. L. A's. No. 69 of 1961] paras. 5, 8 & 14-Accused selling out his entire land transferred to him under West Pakistan Rehabilitation Settlement Scheme but on enforcement of Martial Law Regulation No. 89 surrendering land sold out to complainant to settlement authorities Land surrendered in obedience to requirements of statute, held, can not form basis of complaint under S. 420, Penal Code, 1860. (c) Penal Code (XLV of 1860) -S. 410 read with Scrutiny of Claims (Evacuee Property) Regulation [C. M. L . A's. No. 89 of 1961], paras. 5, 8 & 14 and West Pakistan Rehabilitation Settlement Scheme, 1957-Complainant's consent to purchase accused's land not obtained under any inducement held out by accused Fact that land was subsequently taken back from complainant purchaser and restored to settlement authorities cannot form basis of charge under S. 420, Penal Code, 186() even assuming that accused promised for restoration of land to complainant at time of its surrender-Sale having been completed one year before promul gation of Scrutiny of Claims (Evacuee Property) Regulation it could riot be believed that accused could hare induced complainant to enter into contract visualizing same to be frustrated by enforcement of a statute in future. (d) Scrutiny of Claims (Evacuee Property) Regulation [C. M. L. A's. No. 89 of 1961] para. 14-Questions arising on surrender etc. of land under Regulation -To he finally decided Chief Settlement Commissioner-Jurisdiction of all Courts com pletely barred-No criminal proceedings could be encouraged in a matter. (e) Criminal Procedure Code (V of 1898)  S. 361-A--Quash ment of proceedings-Court upon…