Law: Criminal Procedure Code (V of 1898)

Section: 516A,523,550

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 516-A, 523 & 550---Superdari of vehicle---Failure to establish ownership of vehicle---Effect/complainant had lodged FIR under S. 381-A, P.P.C. with the assertion that he parked his car in the street but same was stolen by unknown accused persons---Vehicle in question had been taken into possession by police under Ss. 523 & 550, Cr.P.C. and case was disposed of under A-Class---Application of the petitioner for superdari of the car was dismissed on the ground that he failed to produce any valid documents regarding its ownership---Owner of the vehicle on record preferred an application in terms of S. 523, Cr.P.C., which was allowed by the Trial Court---Record showed that subject vehicle was registered in the name of the said owner had failed to bring on record any material to substantiate that he was in possession of the vehicle and stated that he had purchased the vehicle in question in the name of recorded owner, who was his ex-wife---Vehicle in question was stated to have been given to the ex-wife, after dissolution of marriage, to facilitate his three children---Claim of petitioner appeared to be self-contradictory for the reasons that children of the petitioner were residing with his ex-wife, thus the vehicle should have lastly been in her possession---Circumstances established that petitioner was not lastly in possession of the vehicle---Constitutional petition was dismissed in circumstances. Munir Ahmed v. Barkhurdar and 2 others 1992 SCMR 1454 and Rao Mohammad Talha v. The State 2001 YLR 1371 ref. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 516-A, & 517---Movable or immovable property---Determination of ownership---Question of ownership and title of any movable or immovable property was to be determined by the competent civil court, as the same was not in the domain of criminal court. (c) Criminal Procedure Code (V of 1898)--- ----Ss. 516-A, 523 & 550---Power of Magistrate to make order for disposal of property seized by police---Scope---Magistrate was empowered under S. 523, Cr.P.C. to make such order "as he thinks fit" about the disposal or delivery of the property, either seized…

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