Law:

Section:

(a) Criminal Procedure Code (V of 1898) --------- ----------Ss. 516-A, 517 & 520 --------- Order for custody and disposal of property pending trial in certain cases --------- Scope --------- Sections 516-A, 517 & 520, Cr.P.C., revealed that during pendency of criminal case, temporary custody of case property could be given by the court to a person who was prima facie entitled thereto and on conclusion of trial, court would make final order regarding disposal of property in question. Muhammad Shafi v. Abdul Razak and 2 others 2003 YLR 324; Mst. Gul Shan v. The State 1971 PCr.LJ 1279; Malik Saif Ullah v. Ch. Rehmat Ali, S.-I 1993 MLD 542 Haji Ghulam Kadir v. State 1974 PCr.LJ 228 and Mumtaz Akhtar v. State 1977 PCr.LJ 168 rel. (b) Criminal Procedure Code (V of 1898) --------- ----------S. 516-A --------- Order for custody and disposal of property pending trial --------- Petitioner impugned the order of Appellate Court whereby order granting custody of property to petitioner, was set aside --------- Validity --------- Respondent had not approached the Illaqa Magistrate claiming to be owner of cattle which were taken in possession during investigation of a criminal case nor her claim was rejected by Illaqa Magistrate, hence, there was no decision given by the court of first instance which could be challenged by her --------- Respondent could only approach Illaqa Magistrate by filing proper proceedings claiming to be the owner of disputed cattle and the Illaqa Magistrate, if so moved, could consider her claim and decide the matter after providing an opportunity of hearing to both the parties --------- Such a course was not adopted by respondent --------- Appellate Court was not competent to set aside the provisional order of Illaqa Magistrate in favour of petitioner --------- Impugned order of Appellate Court was set aside. Abdul Rashid v. Arshad Ali and 2 others 2000 YLR 2619 and Mazhar Ali v. Ansar Ali and others 2014 SCMR 1536 rel. THIS JUDGMENT DELIVERED BY: CH. MUSHTAQ AHMAD, JUSTICE:---------- What brought the petitioner before this Court was the order passed by respondent No. 1 dated 16.08.2013 whereby order dated 19.06.2013 passed by learned…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492