Law:

Section:

Criminal Procedure Code (V of 1898)---- Ss. 516-A & 517-Custody of case property-Case property entrusted on superdari-Superdar continues under obligation to produce it in Court as and when required-Superdari continues as long as to property not disposed of in terms of S. 517-Mere recommendation of police for cancellation of case-Does not automatically put superdari to end and entitle superdar to retain property as of right. ORDER ANWARUL HAQ, J.-The connection with the theft of a tractor, a first information report was registered by the petitioner Khan Muhammad on 16-1-1972 against the respondent Mohammad Abdullah and others. During, the investigation of the case, both the parties applied to the Assistant Commissioner, Okara, for receiving the tractor on superdari, hot the applications were dismissed by the learned Magistrate on 16-2-1972. There­upon; the parties filed revision petitions which were disposed of by a learned Single Judge of the Lahore High Court by his order dated the 10th of April 1972, directing that during the pendency of the case, the tractor be entrusted to the respondent, Mohammad Abdullah. That order was challenged by the present petitioner in this Court by means of Criminal Petition No. 90 of 1972, but leave was refused on the 28th of June 1972. In the meantime, the petitioner filed a private complaint in the Coin of a local Magistrate on 9-5-1972, on the ground that no effective action had been taken by the Police on the first information report lodged him. It was stated at the Bar, on behalf of the respondent, that the who had reported to the Magistrate for the cancellation of the case arising out of the F. I. R. dated the pith of January 1972, but it was not known whether the Magistrate had accepted the report. However, it was asserted that tug police case is not now proceeding in the Court. The petitioner applied to the High Court for a review of its order dated the 10th of April 1972, he the prayer was rejected by the learned Judge on 1-6-1973. Special leave to appeal is now sought from this latest order of the, High Court on the ground that the respondent is abusing his position us a superdar by not producing the tractor at the…

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