Law: Criminal Procedure Code (V of 1898)

Section: 561-A, 439, 5

Law: Penal Code (XLV of 1860)

Section: 406

(a) Criminal Procedure Code (V of 1898)  Ss. 561-A & 439-Revision-Order of discharge set aside by Sessions Judge-Revision petition, held, lies against such order ----Certified copies of complaint and evidence filed alongwith petition under S. 561-A-Petition treated as revision. (b) Penal Code (XLV of 1860)  S. 406-Criminal breach of trust-Complainant at time of his daughter's marriage alleging to have entrusted golden ornaments, clothes and utensils to petitioners (husband and father-in-law of his daughter) for giving same to his daughter--Fact that complainant's daughter lived with her husband for two years and being neither deprived of property nor use of it no case of criminal breach of trust, held, made out in circumstances of case. (c) Criminal Procedure Code (V of 1898)  S. 5 and West Pakistan Dowry (Prohibition on Display) Act (XVI of 1967), Ss. 4 & 5-Act (XVI of 1967) a special Act---- Provisions of general law to extent of repugnancy must yield to special law. Date of hearing : 21st January 1974.                                                                                                                           JUDGMENT This is an application under section 561-A, Cr. P. C. and has been filed by Abdul Qadir and Ahmad and the prayer in the application is that the proceedings in a case filed by Muhammad Raza against the present petitioners by way of a complaint under section 406, P. P. C. in the Court of Additional City Magistrate Court No. XII, Karachi, may be quashed. 2. Upto the filing of the aforesaid complaint by respondent Muhammad Raza against the present petitioners, the Additional City Magistrate Court No. XII, issued process against the petitioners under section 406, P. P. C. and after the evidence of respondent/complainant Muhammad Raza was recorded the petitioners/accused made an application before the…