Case Details

Citation(s)
2016 SLG 1869 2016 SLD 1869 2016 PLJ 280
Islamabad High Court
W.P. No, 401 of 2016, 18/2/2016
MUHAMMAD ANWAR KHAN KASL C.J

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Fazal Hussain

VS

State, Etc.

Law:

Section:

Keywords: Result: Order accordingly ORDER ' 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 No, 2 [Waqas Ahmad] which led to filing of three separate petitions for interim custody; one by petitioner, second by Respondent No, 2 Waqasi and third by Naseem Ahmad. During the proceedings, Naseem Ahmad withdrew his claim while the two others contested. Learned Executive Magistrate allowed application in favour of the applicant on the basis of title documents in his favour. Feeling aggrieved by said order, Respondent No, 2 filed revision petition which was allowed vide impugned order dated 20.01.2016. 3. Learned counsel questioned the impugned order, inter alia, on the ground that petitioner is registered owner of the vehicle, but learned. ASJ while disturbing custody of vehicle failed to take into account the real facts respecting which petitioner had got registered FIR against Naseem Ahmad, Hayat and Waqas Elaborating his case, learned .Counsel argued that petitioner sold the vehicle to one Azhar Hayat against consideration of Rs, 1050000/-; who issued cheque for the said amount but the same stood dishonoured. Subsequently, in order to usurp the vehicle Azhar Hayat, in league with rival claimant Waqas and Naseem, prepared forged open transfer letter and handed over the vehicle to Waqas, from whose custody it was taken into possession. It is further averred that petitioner also lodged an FIR against the said culprits but police in league with Respondent No, 2 recommended cancellation where after he filed a private complaint which has been admitted for regular hearing. 4. In above backdrop, learned counsel concluded that the petitioner is admittedly registered owner of the vehicle and there is no denial…
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