Case Details

Citation(s)
2014 SLG 1333 2014 SLD 1333 2014 YLR 61
Lahore High Court
Writ Petition No.1034-Q of 2012, decision dated: 28-03-2013
ABDUL SAMI KHAN, J

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ABID HUSSAIN-

VS

The STATE and another

Law:

Section:

Criminal Procedure Code (V of 1898)---Ss. 516-A & 550---Constitution of Pakistan, Art.199---Constitutional petition---Application for cancellation of Superdari, dismissal of---Contention of the petitioner was that he obtained the car from the Bank on lease through respondent and he paid down payment and car remained in his possession and he paid all the instalments to the Bank---Application for Superdari of the petitioner was accepted by the Illaqa Magistrate but the same was dismissed by the Appellate Court---Car/vehicle was got on lease by the respondent and he paid all the instalments to the Bank---Registration Book reflected the name of the respondent that he was lawful owner of the vehicle/car---Contention of the petitioner that he was benamidar and he paid all the instalments including down payment could be decided by the civil court---High Court, while exercising its jurisdiction in constitutional petition, could not resolve factual controversy---Receipts confirmed that respondent had paid all the instalments to the Bank---No illegality or infirmity in the order passed by the Appellate Court was found---Constitutional petition was dismissed. 2005 SCMR 735; 2007 PCr.LJ 1552 and PLD 2009 Lah. 382 distinguished. ORDER ABDUL SAMI KHAN, J.---Through this petition the petitioner has challenged the vires of the order dated 11-4-2012 passed by the learned Additional Sessions Judge, Rawalpindi, through/which the learned Additional Sessions Judge has set aside the order of learned Judicial Magistrate 1st Class, Rawalpindi dated 7-2-2012. The petitioner applied for Superdari of vehicle No.RLD-8571 before the learned Judicial Magistrate and the learned Judicial Magistrate vide order dated 7-2-2012 allowed the application of the petitioner. Aggrieved from the order of the learned Judicial Magistrate, Rawalpindi, respondent No.2 filed Revision Petition before the learned Additional Sessions Judge who vide order dated 11-4-2012 has set aside the order passed by the learned Judicial Magistrate in favour of the petitioner and has directed concerned S.H.O. to hand over the possession of the car in question to Muhammad Imran Qureshi respondent No.2. 2. Brief facts of…
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