Law: Criminal Procedure Code (V of 1898)

Section: 516-A,517

(a) Criminal Procedure Code (V of 1898)--- ----S. 516-A---Custody and disposal of property pending trial---ScopeISLAMABAD HIGH COURT assailed the dismissal of his application under S.516-A, Cr.P.C.---Contention of petitioner was that someone had hired his car, who had allegedly abducted the daughter of complainant therefore, police arrested the alleged abductor, abductee and petitioner---Car of the petitioner was also impounded---Police, later on, released the petitioner under S.169, Cr.P.C., but did not return his car---ValidityISLAMABAD HIGH COURT was the only person who had claimed superdari of the car as it was admittedly taken into possession by the police from the custody and direct control of the petitioner---Car was parked at the police station in an open space without any shadow or cover and would decay if the same was kept there for an indefinite period---Car was given to the petitioner on superdari. (b) Criminal Procedure Code (V of 1898)--- ----S. 516-A---Order for custody and disposal of property pending trial in certain cases---No rival claimant---Scope---Where there is no rival claimant for superdari of the vehicle then the vehicle should ordinarily be given on superdari to the person from whom it was taken into possession by the police. (c) Criminal Procedure Code (V of 1898)--- ----Ss.516-A 517---Order for custody and disposal of property pending trial---Order for disposal of property regarding which offence committed---Determination of ownership---Scope---Court is not competent to investigate into the question of title of property as its jurisdiction is confined under S. 516-A, Cr.P.C. or for that matter under S.517, Cr.P.C. to determine the entitlement of possession and not title to the property---Question of ownership is to be determined by a Civil Court. ORDER ALI BAIG, JUSTICE:---.--- This criminal revision petition under section 439-A, Cr.P.C has been filed against the impugned judgment/order dated 16-9-2019, passed by the learned Sessions Judge Gilgit, whereby the learned Sessions Judge, Gilgit has dismissed the application of the petitioner filed under section 516-A, Cr.P.C. for superdari of the Car in question which was impounded by…

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