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JUDGMENT ASSADULLAH KHAN CHAMMKANI, J.- Through the instant petition under section 561-A Cr.P.C., petitioner Mst. Bibi Roza, seeks quashment of order dated 24.09.2014, passed by learned Judicial Magistrate/ SCJ, Swabi and order dated 11.10.2014, rendered by learned Revisional Court/ Additional Judge-III Swabi, whereby her application for redemption of house measuring 04 marals, situated inside Abadi Mohallah Khadar Khel Moza Punj Pir, attached in favour of the Provincial Government vide order dated 04.09.2014 in consequence of proceedings under section 88 Cr.P.C., has been turned down by both the courts below. 2. Facts in brief forming the background of the instant petition are that in consequence of case FIR No.1097 dated 04.10.2013 under sections 302/34 PPC in Police Station Swabi, Wilayat Shah (husband of the petitioner) absconded, therefore, proceedings under sections 204 and 87 were initiated against and ultimately, under section 88 Cr.P.C., the house in question being allegedly owned said Wilayat Shah was attached to the Provincial Government vide order dated 04.09.2014, for redemption of which the petitioner applied before the two courts below but her request was turned down, hence, this petition. 3 . Learned counsel for the petitioner argued that the house in question is the sole ownership of the petitioner and in her occupation being transferred to her by her husband Wilayat Shah in the year 2007, much prior to registration of the case against him in the year 2010, therefore, the same has wrongly been attached in favour of the Provincial Government; that both the courts below without affording an opportunity to the petitioner to substantiate her claim in light of mandate of S.88 (6-A) Cr.P.C., haphazardly dismissed her application, therefore, the impugned orders being against the law and facts are liable to be quashed. 4. Conversely, learned AAG assisted by learned counsel for respondent contended that as per revenue record, the house in question was the ownership of absconder Wilayat Shah; that its alleged transfer through an unregistered Tamleek nama in the name of his wife/ petitioner is after thought; that the revenue record having more weight than…

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