Case Details

Citation(s)
2023 SLG 871 2023 SLD 871 2023 MLD 319
Balochistan High Court
Criminal Revision No. 90 of 2021, decision Dated: 8th September, 2021. heard on: : 6th September, 2021.
ABDULLAH BALOCH, J

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SHAKIRULLAH

VS

The STATE and another

Law: Criminal Procedure Code (V of 1898)

Section: 516-A

(a) Criminal Procedure Code (V of 1898)--- ----S. 516-A---Provincial Motor Vehicles Ordinance (XIX of 1965), Ss. 2(24), 32---Order for custody and disposal of property pending trial in certain cases---Owner of vehicle---Scope---Petitioner assailed rejection of his application under S. 516-A, Cr.P.C., for superdari/release of vehicle---Case of prosecution was that the petitioner while driving the vehicle in question negligently and rashly hit the son of complainant, due to which he died---Petitioner was claiming to be the owner and last possessor of the vehicle and prayed for its release on superdari---Person in whose name the motor vehicle was registered was the owner of said vehicle, which also included the transferee---Transferee had to be duly registered under S. 32 of the Provincial Motor Vehicles Ordinance, 1965---Vehicle was not registered in the petitioner’s name---Petitioner was only in possession of return file, which in no manner could prove his ownership---Mere possession of original return file did not transfer…
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