Law: Criminal Procedure Code (V of 1898)

Section: 516-A,439

Law: Constitution of Pakistan, 1973

Section: 199

Criminal Procedure Code (V of 1898)--- ----Ss. 516-A & 439---Constitution of Pakistan (1973), Art.199---Constitutional petition---Superdari of vehicle---Remedy against revisional order---Vehicle in dispute was directed to be given on superdari to respondent by the Magistrate concerned and such order was upheld in revision by the Additional Sessions Judge vide impugned order---Validity---Law did not provide any remedy against the revisional order passed by a Court of Session; in the hierarchy of Courts provided in Criminal Procedure Code---High Court, in circumstances, would be slow in entertaining a constitutional petition against the revisional orders passed by the Court of Session, particularly when it was based on evidence and was clothed with authority---No non-reading or misreading of the material on record was pointed out either---Both the two courts below had passed the impugned orders on sound reasoning and taking into consideration all the relevant facts---Controversial questions of facts could not be determined in constitutional petition---Proper forum was the civil court and civil suit had already been filed by the petitioner in which he failed to get interim relief---Constitutional petition being not entertainable, was dismissed. ORDER S. ALI HASSAN RIZVI, J.--- Muhammad Ramzan, petitioner has challenged the legality of the order dated 21-11-2008, passed by Mr.. Muhammad Zulfiqar Lone, learned Additional Sessions Judge, Faisalabad whereby he had dismissed the revision petition brought before him against the order dated 31-7-2008, passed by Ch. Munir Ahmad, learned Magistrate, Section 30, Faisalabad. 2. The dispute relates to vehicle No.SAB-1853, the subject matter of F.I.R. No.323 of 2006 registered under sections 420/468/471, P.P.C. Police Station Civil Lines, Faisalabad. The case of the petitioner was that he had purchased the above said vehicle on open transfer letter from one Siraj Ahmad son of Ghulam Qadir of Sanda Khurd, Lahore and had sold the same to respondent No.7, Muhammad Ismail for a sum of Rs.3,30,000; that he had received earnest money as Rs.70,000 and balance amount was settled to be paid in monthly instalments of Rs.5,000 each;…

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