ABDUL GHAYOOR KHAN And Another vs The STATE — 1972 PCRLJ 632

Citation: 1972 PCRLJ 632

Court: Sindh High Court

Year: 1971

Decision Date: 1971-12-31

Parties: ABDUL GHAYOOR KHAN And Another vs The STATE

Headnotes

Case cited as 1972 PCRLJ 632

Judgment Text

Court Name: Sindh High Court Judge(s): Ghulam Rasool K. Shaikh Title: ABDUL GHAYOOR KHAN And Another vs The STATE Case No.:Criminal Miscellaneous Application No. 302 of 1971 Criminal Appeal No. K-17 JUDGMENT Reported As: 1972 P Cr. L J 632 Result: Proceedings quashed Judgment JUDGMENT This is an application under section 561-A, Cr. P. C. to quash the proceedings pending against the applicant under section 408, P. P. C. The applicants and Haroon Rashid became partners and obtained Royalty contract from the Deputy Commissioner, Karachi. Each of the parties had equal shares. Subsequently there arose some dispute between the parties on 12th March 1970. The petitioners called upon Haroon Rashid to render accounts of the business and on the other hand Haroon Rashid sent an application dated llth March 1970, to the Deputy Inspector- General of Police making allegations against the petitioners that they had misappropriated an amount of Rs. 2 lacs as well as one motor-car and three Hoonda Scooters, and further they had unlawfully occupied the office premises. Consequently the case was registered on 20th April 1970 ; and the applicants were cliallaued on 31st May 1971, i.e. more than a year after the registration of the case for an olTcncc under section 408, P. P. C. Consequently the present application was filed to quash the proceedings. It was urged by the learned counsel for the applicants that not only the dispute was of civil nature and no criminal offence was made out in view…

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