Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 550 & 523---Penal Code (XLV of 1860), Ss.420 & 406---Constitution of Pakistan, Art.199---Constitutional petition--Cheating and dishonestly inducing delivery of property, criminal breach of trust---Impounding of vehicle suspected to be stolen---Vehicle in question was registered in the name of complainant and was sold to the petitioner---Investigating Officer submitted report in which case was disposed of under "A" class, but Judicial Magistrate disposed of the case under 'C' class instead of "A" class---Vehicle in question having been impounded by S.H.O. in terms of S.550, Cr.P.C., petitioner filed constitutional petition against such action of S.H.O. and for direction to register F.I.R. against him---High Court disposed of constitutional petition directing S.H.O. to recover vehicle and hand over its peaceful custody to petitioner/purchaser, as there was no justification for impounding of vehicle under S.550, Cr.P.C.---Order of Judicial Magistrate having been set aside, complainant had prayed for reviewing/ recalling said order---Petitioner/purchaser had not sought any relief for handing over the vehicle which was in possession of complainant, nor he impleaded the complainant---Petitioner had also not challenged the order passed by Judicial Magistrate, on the application moved by the complainant under S.523, Cr.P.C., either in petition, or by filing any separate proceedings---In absence of such prayer, order of handing over the vehicle to the petitioner was not liable to be set aside---Complainant was not afforded any opportunity to explain his position before passing the order, which tantamount adversely affecting his right, as he was in possession of the vehicle in question on the strength of an order passed by concerned Judicial Magistrate on application moved by him under S.523, Cr.P.C.---Complainant was mandatorily required to be afforded an opportunity to explain his position before passing any adverse order against him---Impugned order was modified, whereby S.H.O. was directed to recover vehicle in question from the complainant, and hand over its custody to the Nazir of High Court, who was…

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