| Case ID |
10c7af23-1b7e-49b0-8bda-78958407775c |
| Body |
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| Case Number |
Civil Petition No. 3130 of 2020 |
| Decision Date |
Sep 29, 2022 |
| Hearing Date |
Sep 29, 2022 |
| Decision |
The Supreme Court of Pakistan converted the petition for leave to appeal into an appeal and allowed it, setting aside the impugned judgment of the Islamabad High Court. The Court directed the prosecution branch to submit the challan of the case before the Trial Court without unnecessary delay, emphasizing the importance of determining the issue of entrustment and misappropriation of property through proper legal proceedings. The Court noted that the FIR contained sufficient allegations that warranted further investigation and trial under the law. |
| Summary |
In the case of Muhammad Ali vs. Samina Qasim Tarar and others, the Supreme Court of Pakistan addressed issues of criminal breach of trust under sections 405 and 406 of the Penal Code. The petitioner, Muhammad Ali, alleged that after entering into a sale agreement for a property, the respondents failed to transfer ownership and sold the property to another individual, thereby committing a breach of trust. The High Court had quashed the FIR, leading to the Supreme Court's intervention. The decision underscored the dual avenues of civil and criminal remedies, asserting that the nature of the act does not lose its criminality simply due to civil implications. The ruling highlighted the necessity for thorough investigation and trial to determine the legitimacy of the allegations raised by the petitioner, ensuring the judicial process is upheld. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IJAZ UL AHSAN,
SAYYED MAZAHAR ALI AKBAR NAQVI
|
| Lawyers |
Muhammad Shahid Kamal Khan
|
| Petitioners |
MUHAMMAD ALI
|
| Respondents |
others,
SAMINA QASIM TARAR
|
| Citations |
2022 SLD 2323,
2022 SCMR 2001
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
405,
406
|