Haji SULEMAN vs Haji MOHAMMAD SIDDIQUE AND 2 Other
This matter concerns a petition for special leave to appeal against an order of the High Court of West Pakistan, which quashed criminal proceedings initiated against the respondents. The petitioner, a tea dealer, had stored tea chests in the respondents' godown under an alleged agreement that no rent would be charged until a loan was repaid. A dispute arose when the respondents demanded warehouse rent and refused to allow the removal of the goods. The petitioner filed a police complaint, leading to a charge-sheet under Section 406 of the Pakistan Penal Code 1860. The High Court subsequently quashed these proceedings. The Supreme Court addressed the petitioner's request for leave to appeal against this quashment. The core legal issue involves the propriety of quashing criminal proceedings in a dispute that appears to be civil in nature, specifically regarding the alleged criminal breach of trust. The judgment addresses the threshold for invoking the High Court's inherent powers to terminate criminal litigation. The court's decision involves evaluating whether the underlying dispute constitutes a criminal offence or merely a civil disagreement over warehouse charges.
- Can criminal proceedings under Section 406 of the Pakistan Penal Code 1860 be quashed when the dispute is essentially civil in nature?
- Under what circumstances is the quashment of criminal proceedings by the High Court justified?
- Section 406, Pakistan Penal Code 1860
ORDER
1. WAHIDUDDIN AHMAD, J.-This order will dispose of Criminal Petitions for Special Leave to Appeal Nos. K-6 and K-7 of 1969.
2. The petitioner who is a Tea Dealer, stored his tea-chests in the godown belonging to the respondents Nos. 1 and 2. The case of the petitioner is that he was allowed to store his goods without any charge until such time as the amount advanced to the said respondents was repaid to him. It appears that respondents Nos. 1 and 2 demanded warehouse rent for the use of their premises and refused the petitioner to remove his 222 cases of tea leaves which were still lying in their godown. On the 1st July 1968, the petitioner filed a complaint with the Police against the said respondents. At first, the police took no action, but later on, the police charge-sheeted them on the 7th August 1968 under section 406, P. P. C. Thereupon, respondents moved an application in the High Court of West Pakistan, Karachi Bench, for the quashment of the aforesaid criminal proceedings pending against them in the Court of Additional City Magistrate No. VIII, Karachi. The matter came up before late Khamisani, J. Who by order dated the 6th November 1968, quashed the said proceedings. The petitioner seeks permission to file an appeal against the said order. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.