| Citation(s) |
|---|
| 1991 SLG 835 1991 SLD 835 1991 SCMR 249 |
Supreme Court of Pakistan
Criminal Appeal No.75 of 1979, decision dated: 10-06-1990, hearing DATE : 23rd May, 1990 (Against the judgment and order dated 24-4-1978 of the High Court of Sindh, Karachi, in Criminal Misc. No.1269 of 1976)
MUHAMMAD AFZAL ZULLAH, C.J. AND ABDUL QADEER CHAUDHRY, J
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Criminal Appeal No.75 of 1979, decision dated: 10-06-1990, hearing DATE : 23rd May, 1990 (Against the judgment and order dated 24-4-1978 of the High Court of Sindh, Karachi, in Criminal Misc. No.1269 of 1976)
MUHAMMAD AFZAL ZULLAH, C.J. AND ABDUL QADEER CHAUDHRY, J
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DIL AHSAN KHAN
THE STATE
Law:
Section:
(a) Penal Code (XLV of 1860)--S.403--Constitution of Pakistan (1973), Art.185(3)--Respondent had filed a complaint under S. 403, P.P.C. against appellant at Karachi for misappropriation of her dowry articles--Appellant's petition challenging the jurisdiction of the Court at Karachi to decide the matter was dismissed by High Court--Leave to appeal was granted to appellant to consider whether the Court at Karachi had jurisdiction to try the complaint filed by respondent against him. (b) Criminal Procedure Code (V of 1898)--- ----S.181(2)--Penal Code (XLV of 1860), S.403--Constitution of Pakistan (1973), Art.185(3)--Respondent had filed a complaint under S. 403, P.P.C. against appellant at Karachi for misappropriation of her dowry articles--Appellant's petition challenging the jurisdiction of the Court at Karachi to decide the matter was dismissed by High Court--Leave to appeal was granted to appellant to consider whether the Court at Karachi had jurisdiction to try the complaint filed by respondent against him--Complainant in her complaint had stated that at the time of her marriage in Karachi the articles of dowry were delivered to appellant with a list thereof and he had not returned those articles to her and had misappropriated the same--Statement of complainant made to the same effect in her complaint was also corroborated by her witnesses--Held, as the allegation made by complainant regarding entrustment was made at Karachi, therefore, Karachi Court had the jurisdiction--Appeal was consequently dismissed. JUDGMENT ABDUL QADEER CHAUDHRY, J.---Leave to appeal was granted to the appellant to consider whether the Court at Karachi had the jurisdiction to try the complaint filed against the appellant. ` 2. The facts, in brief, are that respondent Mst.Zaib-un-Nisa was married to the appellant m Karachi on 26-3-1974. The wife then accompanied her husband to Jhelum. She returned to the house of her parents in Karachi for delivery of child. The respondent came to know that her husband had contracted another…
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