Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 516-A---Gilgit-Baltistan (Empower-ment and Self-Governance) Order, 2009, Art.71(2)---Superdary of vehicle---Vehicle in question, having been stolen, owner of said vehicle lodged report of theft at Police Station concerned and FIR was chalked against respondent---Vehicle in question was found in possession of the petitioner, Police took vehicle in their possession---Application by respondent for custody of vehicle, was dismissed, revision against dismissal of his application, was allowed and vehicle was given to him through impugned order---Validity---Respondent could not show any document of his title of vehicle in question; he just contended that he had purchased the subject vehicle---Vehicle in question being stolen property, could not be handed over to the respondent who was either himself the person who committed theft of the said vehicle, purchaser of the same, and the person who sold the subject vehicle to him, could be the thief himself; or any other person who had purchased the theft property---Petitioner, had prima facie, better title to the subject vehicle---Impugned order, was set aside with direction to Police for obtaining the vehicle from respondent and handing over to the petitioner obtaining bonds from the petitioner in the sum of Rs.10,00,000; whereby, petitioner would have to undertake to hand over the vehicle to the Police, as and when same was required for any legal proceeding. THIS ORDER PASSED BY: MUHAMMAD ALAM, J.--- This is a writ petition whereby petitioner has challenged order dated 29-05-2015 of the learned Additional Sessions Judge Gilgit, who, through the said order, given the vehicle No. NWFP-W-1568, Engine No. 7475026, Chasis No. 142051, in the superdari of respondent No. 1. 2. Learned counsel for parties, at the outset of arguments, argued on the maintainability of this petition. Petitioner moved this petition only because without setting aside impugned order he could not obtain the subject vehicle nor he could become party to the proceedings before the learned Additional Sessions Judge who passed the impugned order. So, in our opinion, the petition in hand is competent as we found…

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