Case Details

Citation(s)
2011 SLG 1363 2011 SLD 1363 2011 SCMR 1994
Supreme Court of Pakistan
Criminal Petition No.155-L of 2011, decision dated: 23rd May, 2011.On appeal against the order dated 13-1-2011 passed by Lahore High Court, Lahore in Criminal Miscellaneous No. 2813-M of 2010
TASSADUQ HUSSAIN, JILLANI AND AMIR HANI MUSLIM, JJ

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Syed ALI ABBAS

VS

THE STATE and another

Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 516-A--- Penal Code (XLV of 1860) S. 420--- Constitution of Pakistan, Art. 185(3)---Cheating and dishonestly inducing delivery of property---Superdari of car---Determination---Car in question was owned by deceased brother of petitioner who was ex-husband of complainant---Car was transferred in the name of petitioner and possession of the car was handed over to complainant after registration of F.I.R.---Petitioner sought possession of car on superdari being owner of the car---Validity---Complainant alleged that petitioner forged divorced deed on behalf of his deceased brother and thereafter got transferred the car in his name---Challan in Trial Court had been submitted, in which car in question was a case property---Supreme Court declined to interfere with custody of the car at such stage and directed that let Trial Court decide about the same after hearing the parties and examining documents/orders on which both the parties relied---During interregnum, Supreme Court let the custody of car remain with the complainant subject to her furnishing of surety bonds---Petition was disposed of accordingly. Petitioner in person. Hadiqa Tahira in person along with Syed Azhar Mehdi, brother for Respondent No.2. Jawad Hassan, Additional A.-G. on Court's call. Mazhar Sher Awan, Additional P.-G., Rizwan Nawaz, Inspector S.H.O. Police Station Mozang, Lahore, M. Saleem, S.-I., Investigating Officer, Police Station Mozang, Lahore for the State. Date of hearing: 23rd May, 2011. ORDER TASSADUQ HUSSAIN JILLANI, J.---Through this petition, petitioner has challenged the order dated 13-1-2011 passed by a learned Judge of the Lahore High Court vide which his application for review of the order dated 7-10-2010 was dismissed inter alia on the ground that the court had no power to review as the petitioner had voluntarily surrendered the possession of the car and the registration book subject matter of the F.I.R. in which bail was sought i.e. F.I.R. No. 311 of 2010 dated 20-4-2010, registered under section 420, P.P.C. at Police Station Mozang, District Lahore. 2. Learned Additional Advocate General, who appeared on court call, submitted that the…
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