Citation Name : 2014 PCrLJ 487 LAHORE-HIGH-COURT-LAHORE Side Appellant : ZULFIQAR ALI Side Opponent : STATION HOUSE OFFICER, POLICE STATION MODEL TOWN, GUJRANWALA S. 406 --- Constitution of Pakistan, Art. 199---Constitutional petition---Quashing of F.I.R.---Criminal breach of trust---Delay in registration of F.I.R.---Complainant had been supplying goods to accused in order to sell the same for profit and alleged that accused being his agent had misappropriated his amount---Validity---Person could only be guilty of committing offence under S.406 , P.P.C., if some property was given on trust and the said property was not returned to its original owner---F.I.R. showed that certain chemicals were periodically delivered by complainant to accused in order to do business, sell the same for profit and hand over due amount of money to him---Even if contents of F.I.R. were taken as gospel truth, accused could not be convicted for offence under S.406 , P.P.C.---No one was to be prosecuted on the basis of vague and unspecified allegations---F.I.R. was lodged with an inordinate delay for which no plausible explanation was made---Offence was stated to have taken place in year, 2009, whereas F.I.R. was lodged with a long delay on 21-2-2013---Trial Court after submission of challan would not be in a position to frame charge and proceed further against accused and continuation of any criminal proceedings on the basis of F.I.R. would be an abuse of process of law resultantly the F.I.R. was quashed---Petition was allowed in circumstances.
Posted on: Fri, 08 Aug 2014 03:00:00 +0000
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