Law: Penal Code (XLV of 1860)

Section: 378,379,405,406

Law: Conciliation Courts Ordinance, 1961

Section: 18

  Penal Code (XLV of 1860), Ss. 378 & 379-Theft Respondent owner of land and petitioner No. 1 tenant under him Tenant, under terms of lease, responsible for safe custody' of trees standing on land-Removal by tenant to his house one such tree which had fallen down on land "in his possession"-No case, held made out under S. 379.   Penal Code (XLY of 1860), Ss. 405 & 406-Tenant removing to his house tree which had fallen-Complaint by landlord not alleging dishonest misappropriation or conversion his own use by tenant or dishonest use or disposal of tree in violation of any direction of law or of any legal authority- Mere removal of tree by tenant, in circumstances of case, does not disclose dishonest intention within meaning of S. 405.   Conciliation Courts Ordinance (XLIY of 1961), S. 18 "Such case" means only case investigated by police and referred to Court.     Date of hearing: 17th June 1966.  JUDGMENT   This is an application under section 561-A, Cr. P. C. for quashment of the proceedings under sections 379/406, P. P. C. pending against the, applicant in the Court 'of a 1st Class Magistrate, Sheikhupura.. The admitted facts are these: Muhammad lqbal, applicant No. 1 is the lessee. of the com plainant, Fazlur-Rehman, respondent in respect of a certain land. Under the terms of the lease, which- was read out by the learned Advocate for the respondent, it was stipulated that Muhamma4 Iqbal would be responsible for the safe custody of the trees standing on the land. Admittedly, Muhammad Iqbal. is in possession of the land as also the trees standing, thereon. A tree worth Rs. 100.00 had fallen. It is alleged by the respondent that the applicant with the help of other applicants .removed i from the place where it had fallen down to his own house. The further admitted position is that Fazlur Rahman does not live on the land or near-about it.   The main contentions of the learned Advocate for the applicants are .two, which I propose to dispose of separately.   It has been contended that no offence under sections 379/406, P. P. C. was made out on the facts alleged in the complaint. A…