Law: Criminal Procedure Code (V of 1898)

Section: 516-A

Criminal Procedure Code (V of 1898)--- ----S. 516-A---Order for custody and disposal of property pending trial in certain cases---Scope sought superdari of vehicle which was found on the crime scene where the dead body of his son was found---Validity had failed to substantiate through documentary evidence that he was a bona fide purchaser of the vehicle---Tax of the vehicle had not been paid since last three years---Superdari petition was dismissed. ORDER MALIK HAQ NAWAZ, C.J.---Through the instant petition filed under section 516-A, Cr.P.C., the petitioner seeks superdari of his vehicle mentioned in the head note of the petition. 2. Brief facts of prosecution story as narrated in the FIR are that on 08-5-2020 the Petitioner/complainant Hukum Khan had lodged a complaint before the S.H.O. Police Station Basin District Gilgit stating therein that his son namely Abdul Hameed was an employee in City hospital Kashrote and on part time, he used to run taxi car and at 12:00 P.M. he was present at the taxi stand. In the meanwhile two small boys and one young man came there and hired the taxi car of his son, Abdul Hameed. Later on at Basin Khari tortured dead body of his son was found. He had received fire-shots on his head and he also received injuries on his body with knife and sharp objects. The car of the deceased was also lying on the place of occurrence. The dead body of the deceased was present smeared with blood. The SH.O. Police Station Basin registered the above mentioned FIR and the police took into possession the taxi car and dead body of the deceased. 3. The petitioner filed superdari application before the learned Sessions Judge Gilgit, which was dismissed by the learned Sessions Judge vide order dated 08-06-2020, hence, the petitioner filed the instant petition before this Court. 4. The learned counsel for the petitioner submitted that the order of the learned trial Court is contrary to law and facts on record, hence not maintainable as the petitioner is real owner of the vehicle in question and his deceased son was last possessor…

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