Law: Penal Code (XLV of 1860)

Section: 405, 406

(a) Penal Code (XLV of 1860) Ss. 405 & 406--Complaint that accused complainant's step-brother, realized C. P. fund crud gratuity of their deceased father, several years back, and misappropriated same-No property having been entrusted by complainant to accused ingredients of offence of criminal misappropriation not made out---Dispute held, one of civil nature. (b) Penal Code (XLV of 1860), S. 405--Jurisdiction under S. 405--Confined to movable property. (c) Penal Code (XLV of 1860), S. 406 Jurisdiction-Complainant filed in District K. that accused misappropriated share of complainant In landed property left by parties' deceased father in District High Court in District K, held, had no jurisdiction in matter. Date of hearing: 12th April 1972.                                                                                                                JUDGMENT This-is a reference by Mr. Rasool Bux Leshari, the leateed Additional Sessions Judge. Karachi, for quashment of, orders passed by A. C. M. No. 30, Karachi:- dated; .1'tb August 1970, whereby he issued process against the petitioner/amused under section 406, P. P. C. 2. The facts are that a complaint under section 406, P. P. C. was filed by Mst. Rehmatunnisa against respondent Aziz Rahman who is her step-brother in the Court of learned Magistrate on 13th August 1970, stating inter alia to her father Ahmadjee Khan an employee of K. M. C. Fire brigade died in 1955 while the complainant was a minor and lie has left six heirs, a widow, two daughters and three sons. It was alleged in the complaint that the' respondent misappropriated the share of complainant an other heirs ref landed property comprising of a garden, agricultural land, house etc. in Tehsil Mansehra, Post Office Khaki, District Hazara and also that he received the entire G. P. Fund and gratuity on behalf of her deceased father without giving any share to…