Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 42

Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----Art. 42---Appeal---Concealment of facts---Effect---Where the appellant had concealed the fact of dismissal of his earlier revision petition by the District Criminal Court from the Shariat Appellate Bench of the High Court, the Supreme Court observed that such fact indicated the mala fide of the appellant---Appellant had come to the court with unclean hands and was therefore not entitled to the relief sought---Appellants attempt to gain a benefit or advantage through questionable or unethical means was sufficient grounds to deny the relief requested---Once the earlier revision petition had been filed and the same had attained finality, there was no occasion for the appellant to file the second revision before the Shariat Appellate Bench of the High Court---Appeal was dismissed. JUDGMENT RAZA ALI KHAN, J.---The titled appeal, has been directed against the judgment of the Shariat Appellate Bench of the High Court (hereinafter to be referred as High Court), dated 28.09.2022, whereby, the revision petition filed by the appellant, herein, has been dismissed. 2. The gist of the facts is that a case in the offences under sections 341/337A, 109/34 and 504, APC, was registered against Abdul Rashed and others, at the Police Station Dadyal, vide FIR dated 20.02.2022. During the pendency of the case, an application was filed by respondent No. 2, herein, for release of vehicle No. BE-235, on superdari which was kept under the custody of the Police Station, Dadyal. The learned trial Court accepted the application and released the said vehicle on superdari, vide order dated 18.05.2022. The said order was challenged before the High Court by filing revision petition which has also met the same fate and has been dismissed through the impugned judgment dated 28.09.2022. 3. Mr. Imtiaz Hussain Raja, the learned Advocate, appearing for the appellant submitted that the impugned judgment of the High Court is against law, the facts and the record of the case. He submitted that the accused who is the owner of the vehicle had absconded after the occurrence, hence, the learned trial Court should not release the vehicle…

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