Law: Criminal Procedure Code (V of 1898)

Section: 550,561-A

Criminal Procedure Code (V of 1898) --------- ----------Ss. 550 & 561-A --------- Stolen vehicle --------- Civil litigation, pendency of --------- Vehicle in question was impounded by police under S. 550, Cr.P.C., from the respondent --------- Trial Court handed over custody of vehicle in question, to the petitioner but Lower Appellate Court found respondent entitled to the possession of the vehicle --------- Validity --------- Plea raised by petitioner was that he was registered owner of vehicle and litigation before Civil Court of competent jurisdiction was pending between parties --------- Vehicle in question was neither stolen nor involved in commission of any offence, therefore, it could not have been impounded by police under S. 550, Cr.P.C. --------- Dispute with regard to title exclusively fell within the domain of Civil Court and criminal proceedings could not be initiated at the behest of any party to exert pressure or to resolve dispute according to their desires --------- Vehicle was taken in possession from the custody of respondent and it was required to be handed over to him, therefore, such finding of Lower Appellate Court were correct and did not call for any interference --------- Proceedings initiated by local police under S. 550, Cr.P.C., were violative of mandatory provisions, therefore, same could not sustain --------- High Court while exercising powers under S. 561-A, Cr.P.C., quashed the proceedings initiated by police under S. 550, Cr.P.C. --------- Constitutional petition was dismissed accordingly. Hassan Muhammad v. Nazar Hussain 2005 SCMR 1063 rel. THIS ORDER PASSED BY: MUHAMMAD ANWAR KHAN KASI, CHIEF JUSTICE --------- Petitioner [Fazal Hussain] is aggrieved of order dated 20.01.2016, passed by learned ASJ-III (West) Islamabad, whereby revision petition filed by Respondent No. 2 [Waqas Ahmad] assailing order dated 24.08.2015, of learned Executive Magistrate PS Shalimar, Islamabad, was accepted, and interim custody of Vehicle HZ-056, Model 2005, Corolla SE was given to Respondent No. 2. 2. Precisely, relevant facts are that vehicle in question was impounded by the police under Section 550 Cr.P.C. from the possession of Respondent…

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