| Case ID |
389f4f63-6cb8-46ec-a0f1-d28fdde25b16 |
| Body |
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| Case Number |
Criminal Miscellaneous Application No. 377 of 1968 |
| Decision Date |
Apr 18, 1969 |
| Hearing Date |
|
| Decision |
The petitioner's application to quash the proceedings against him was allowed. The case against the petitioner, based on allegations of misappropriation of funds, was deemed to be an abuse of the court process due to insufficient evidence of criminal intent. The evidence presented by the respondent, including witness testimonies and letters, failed to establish a prima facie case for prosecution under relevant sections of the Pakistan Penal Code. The High Court highlighted that the dispute was fundamentally a civil matter, not a criminal one, and the prosecution was an attempt to navigate potential civil litigation challenges. Therefore, the proceedings in the lower court were quashed, concluding that the petitioner had not committed any criminal offence in regards to the claims made against him. |
| Summary |
In the case of Khawaja Ghulam Rasool vs Amanullah Khan, the Sindh High Court dealt with a criminal miscellaneous application related to allegations of misappropriation of a sum of Rs. 15,165. The petitioner, Khawaja Ghulam Rasool, was accused of failing to return the amount deposited by the respondent, Amanullah Khan. The court examined the evidence presented, including witness statements and letters, and found that the claims made by the first respondent were not substantiated sufficiently to establish a criminal case. The court noted that the nature of the dispute was primarily civil, revolving around financial transactions and claims of liability, rather than criminal misconduct. The decision emphasized the importance of clear evidence in criminal proceedings and ultimately ruled in favor of the petitioner, quashing the prosecution against him. This case highlights key issues in distinguishing between civil and criminal liability, particularly in cases involving financial disputes and agreements. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Dorab Patel, J
|
| Lawyers |
Not available
|
| Petitioners |
Khawaja Ghulam Rasool
|
| Respondents |
Another,
Amanullah Khan
|
| Citations |
1969 SLD 802,
1969 PCRLJ 1569
|
| Other Citations |
PLD 1967 SC 317
|
| Laws Involved |
Not available
|
| Sections |
Not available
|