Law: Criminal Procedure Code (V of 1898)

Section: 516-A&517

Criminal Procedure Code (V of 1898)--- ----Ss.516-A 517---Order for custody (Superdari) and disposal of property pending trial---Order for disposal of property regarding which offence committed, by way of revision application, had impugned order of Trial Court, whereby application filed by one of the accused under S. 517, Cr.P.C., for return of looted property, the subject matter of case, outcome of FIR registered under Ss. 302, 324, P.P.C. and under S.17(4), Offences Against Property (Enforcement of Hudood) Ordinance, 1979 was allowed---Validity---Peculiar facts and circumstances of the case transpired that looted property had been recovered from the house of accused under proper memo of recovery---Acquittal of accused---Claim of accused could not be decided by the criminal court being counter claim as the question of title, if any, should be left to be decided by the ordinary civil court of competent jurisdiction---Keeping in view the peculiar facts and circumstances of the present case, the case property which had already been given to the complainant on superdari under the order of the Trial Court would continue to be held by the complainant subject to proof of either party’s title thereto in a civil court of competent jurisdiction---Resultantly, revision petition was disposed of by setting aside impugned order. Central Co-operative Bank Ltd., Sargodha v. Ahmed Bakhsh PLD 1970 SC 343; Saeed Ahmad v. The State and another 1971 SCMR 774; Jalal Khan v. Sardar and another 1973 PCr.LJ 1; Muthiah Muthirian v. Vairaperumal Muthirian AIR 1954 Madras 214; Arjun Padhy and others v. State of Orissa and another AIR 1965 Orissa 198; Tariq Naveed Ahmed v. Allah Ditta and 2 another 2004 PCr.LJ 1169; Bakht Ali and another v. The State 1981 PCr.LJ 1269; Matwalli alias Mutalli v. The State 1990 Pr.LJ 731; Imdad Ali v. The State 1990 PCr.LJ 1661 and Sajjad Hussain v. S.P. City, Multan and 3 others 2005 MLD 1843 ref. Central Co-operative Bank Ltd, Sargodha v. Ahrnad Bakhsh PLD 1970 SC 343; Saeed Ahmad v. The State and another 1971 SCMR 774; Jalal Khan v. Sardar and another 1973 PCr.LJ 1; Muthiah Muthirian v. Vairaperumal Muthirian AIR 1954 Madras 214; Arjun Padhy and others v.…

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