Law: Criminal Procedure Code (V of 1898)

Section: 516A,522A,523,550

Criminal Procedure Code (V of 1898)--- ----Ss. 516-A, 522-A, 523 & 550---Superdari of vehicle, refusal of---Petitioner had alleged that he purchased the vehicle from respondent after payment of due consideration who in turn handed over the transfer letter and the registration book of the vehicle but he had backed out from his commitment---Petitioner approached the local Nazim for getting documents of the car, whereafter a jirga was nominated who in turn handed over the car to the local police---Petitioner had urged that he was bona fide purchaser, owner and last possessor of the vehicle and the police had held him entitled to the same, he therefore requested the Court to handover the vehicle to him on superdari---Vehicle was not a stolen one and the rival claimant had not approached the court---Application of petitioner for the superdari of the vehicle had been turned down by the courts below---Validity---Certificate of registration of the vehicle showed that initially its registered owner was a Bank and then it was transferred to first purchaser, then to the second purchaser---Two respondents produced a transfer order form duly attested by the Motor Registration Authority, which showed that second purchaser had transferred the vehicle in the name of third purchaser, who got registered the vehicle in his name---First Information Report was lodged by the third purchaser against the two respondents for having defrauded him in respect of that vehicle---Real owner and last possessor of the vehicle and its ultimate fate could only be decided by the competent court after recording evidence---Request of the petitioner for the grant of vehicle on superdari could not be acceded to at the present stage---Petition stood dismissed accordingly. THIS JUDGMENT DELIVERED BY: QAISER RASHID KHAN, JUSTICE:---.--- Through the petition in hand, the petitioner has called in question the judgment and order dated 13.7.2017 and 4.12.2017 of the learned Judicial Magistrate, Katlang and learned Additional Sessions Judge-VI, Mardan respectively, whereby the request of the petitioner for return of the vehicle on superdari was declined. 2. All that the learned counsel for the petitioner…

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