Law:

Section:

Criminal Procedure Code (V of 1898)--- ---S. 516-A---Dispute over superdari of vehicle---Accused (applicant) claiming that motorcycle in question was purchased by him on payment of instalments from leasing company---Police recovered said motorcycle from the accused in connection with an F.I.R. registered by the alleged owner, who claimed to be owner of the same---Court below released the motorcycle on superdari to the alleged owner---Contention of the applicant was that since F.I.R. was disposed of in "C" class by the Magistrate on the recommendation of the police, therefore, motorcycle was to be returned to the accused as no case was lying pending in the courts---Contentions of the alleged owner were that motorcycle was purchased by him after paying full instalments to the leasing company, which had issued a certificate in his favour; that motorcycle was registered in his name; that F.I.R. against the accused was disposed of for the reason that dispute between the parties was of civil nature and such disposal did not mean that F.I.R. was false---Validity---Relevant documents of ownership issued by the concerned authorities were in favour of the alleged owner, who was also in possession of the motorcycle---Accused on the basis of alleged receipts in his possession, could approach the appropriate forum to establish his claim and to recover the amount allegedly paid by him to the leasing company---Order of court below seemed to be proper and reasonable---Revision application was dismissed accordingly. ORDER NISAR MUHAMMAD SHAIKH, J.---Through this Criminal Revision Application, the applicant Bashir Ahmed has assailed two orders dated 7-8-2009 passed by learned VIIth Additional Sessions Judge, Hyderabad respectively in Criminal Miscellaneous Applications Nos.200 of 2009 and 568 of 2009 whereby the motorcycle in question was released on superdari, to Ghulam Shabir, the respondent No.2, while the similar prayer of the applicant Bashir Ahmed was declined. According to learned counsel for the applicant; the motorcycle in question was purchased by the applicant Bashir Ahmed on payment of instalments, from a leasing company but subsequently the police recovered such…

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