IN THE HONOURABLE LAHORE HIGH COURT, LAHORE.

Writ Petition No. ______/ 2015

Aksam Abdullah son of Abdullah, resident of house No. 94, Block
No. 5 Sector C-II, Township Lahore.
Petitioner
Versus
1.

Station House Officer, Police Station Green Town, Lahore.

2.

Shahid Ali son of Shah Walli, resident of House No. 4, Dars

Baray Mian, Mughal Pura, Lahore Cantt.
Respondents

WRIT PETITION UNDER ARTICLE 199 OF ISLAMIC REPUBLIC

OF PAKISTAN READ WITH U.S. 561-A OF THE Cr.P.C. 1898.
Respectfully Sheweth:
A.

That the addresses of the parties have been correctly given for the purpose of
service of summons etc.

B.

That the respondent No. 2 filed a false application dated 23.09.2015 before the
respondent No. 1 for the registration of F.I.R. (Annex-A) which was not accepted.

C.

That thereafter the respondent No. 2 filed application dated 15.05.2015, u.s 22A and 22-B of the Cr.P.C. 1898 before the learned Additional District and
Sessions Judge/ Ex Officio Justice of Peace, Lahore. (Anenx-B)

D.

That the learned Additional District and Sessions Judge/ Ex

Officio Justice of Peace, Lahore sought comments from the
respondent No. 1 and he recommended for the dismissal of the
petition since the matter was of civil nature. (Annex-C) The
relevant part is of the comment is as under:

E.

That the learned Additional District and Sessions Judge/ Ex Officio Justice of
Peace, Lahore passed the order dated 06.06.2015 with the following direction
which is as under. (Annex-D)
the S.H.O. concerned is directed to record the statement of the
petitioner and to proceed further on the application of the petitioner
under Section 154 Cr.P.C. if some cognizable offence is made out
form the contention of the petitioner. Petition disposed of. (Emphasis
supplied)

F.

That on 08.10.2015 the petitioner filed writ petition against the order dated
06.06.2015 which was fixed for hearing on 09.10.2015 whereon the operation of
the order dated 06.06.2015 was suspended (Annex- E).

G.

That however the respondent No. 1 registered impugned F.I.R. No. 1323/15
dated 08.10.2015 against the petitioner. (Annex-F) on the basis of the order
dated 06.06.2015 passed by the learned Additional District and Sessions
Judge/ Ex Officio Justice of Peace, Lahore.

H.

That the petitioner filed bail petition before the learned Additional District and
Sessions Judge and now the petitioner is on bail. (Annex-G)

I.

That the impugned F.I.R. No. 1323/15 dated 08.10.2015 (Annex-F) is against
facts, against law, without lawful authority, without jurisdiction and same is
liable to be quashed on the following:

G R O U N D S

A.

That from the contents of the F.I.R. No. 1323/15 dated

08.10.2015 (Annex-F) it is evident that no offence was made
out against the petitioner and the same is of civil nature.

B.

That in the comments filed by the respondent No. 1 it was also

admitted that the matter in dispute was of civil nature.
(Annex-C) The relevant part is of the comment is as under:

Hence the respondent No. 1 travelled beyond his jurisdiction /

authority while registering the F.I.R. No. 1323/15 dated
08.10.2015 which is against law.
C.

That from the contents of the F.I.R. No. 1323 dated

08.10.2015 it is evident that the respondent No. 2 does not
know the petitioner and, therefore, no fiduciary relation or
relation of trust exists between the petitioner and the
respondent No. 2. It is necessary requirement of section 405
and section 406 of the Pakistan Penal Code (XLV of 1860) that
there must be fiduciary relationship/ trust between the
parties. The word Trust was defined by this Honourable
Court in case titled Zahid Jameel v. S.H.O. and 2 others
2008 YLR 2695 (Lahore) which is as under:
The word trust is a comprehensive impression which
has been used to cover the relationship of bailor and
bailee; master and servant; pledgor and pledge, guardian
and ward and other such like relations, which postulates
existence of fiduciary relations between the first
party (complainant) and the second party (accused).
(Emphasis supplied) (Annex-H)

Hence no question of criminal breach of trust as provided

under section 405 and 406 arises when fiduciary relation
between the parties does not exists.
D.

That the respondent No. 2 did not entrusted the money to

the petitioner hence no cognizable offence was made out
against the petitioner. The Section 405 of the Pakistan Penal
Code (XLV of 1860) only deals with the entrustment of the
property and the word entrust defined in the Blacks Law
Dictionary (Seventh Edition) as under:
Entrust, vb. To give (a person) the responsibility for
something,

usu.

after

establishing

confidential

relationshipentrustment, n.
E.

That due to the above said unlawful act of the respondent

No. 1 fundamental rights of the petitioner protected under
Article 9 and 15 of the Constitution of the Islamic Republic of
Pakistan, were infringed. Therefore, the respondent No. 1 is
liable to pay compensatory cost Rs. 100,000/- to the
petitioner. Reliance is placed on Zahid Jameel v. S.H.O. and
2 others 2008 YLR 2695 (Lahore) and on Shabbir v. Kiran
2012 CLC 1236 (Lahore).

F.

That in the F.I.R. No. 1323/15 dated 08.10.2015 no offence

was made out, therefore, same is liable to be quashed.
Reliance in this regard is placed on PLD 2004 Lah. 65 and
2006 P.Cr.L.J. 263.

G.

That the act of the respondent No. 1 is against law

especially in violation of the Article 4 of the Constitution of the
Islamic Republic of Pakistan.

C.

That the petitioner has no alternate efficacious remedy except

to invoke the constitutional jurisdiction of this Honorable
Court.
Under the above circumstances, it is most respectfully prayed:(1)

that the impugned F.I.R. No. 1323/15 dated 08.10.2015

(Annex-F)

may

kindly

be

declared

without

lawful

authority and is of no legal effect, and same be quashed

in order to prevent abuse of the process of the Court and
to secure the ends of justice;
(2)

that the respondent No. 1 may kindly be directed to pay

the compensatory costs to the petitioner Rs. 100,000/-.

Any other relief which this Honourable Court deems fit may
also be granted to the petitioner in the interest of justice and equity.

Dated: 26.11.2015

Petitioner
Through
(Zeeshan Hussain Adil)
Advocate High Court, Lahore.
71 Hajvery Complex 2-Mozang
Road, Lahore
C.C. No. 45014

Certificate:
Certified as per instructions that this is the first petition on the
subject in this Honble Court.

Advocate
Certificate:
This petition has arisen from violation of law/ obligation and the
petitioner has availed alternate remedy before filing this writ
petition.

Advocate

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