Case Details

Citation(s)
2022 SLG 574 2022 SLD 574 2022 PLD 271
Lahore High Court
Criminal Miscellaneous No. 49423-M of 2021, decided on 9th August, 2021.
MUHAMMAD TARIQ NADEEM, JUSTICE
Rana Zahid Iqbal for Petitioner.

ABDUL RASHEED

VS

ADDITIONAL SESSIONS JUDGE, ARIFWALA, DISTRICT PAKPATTAN AND 5 OTHERS

Law: Criminal Procedure Code (V of 1898)

Section: 516-A,517,,523

(a) Criminal Procedure Code (V of 1898)--- ----S. 516-A---Order for custody and disposal of property pending trial in certain cases---Open letter transfer document---Scope---Grievance urged through the petition under S.561-A, Cr.P.C. was that the petitioner was entitled for superdari of the vehicle being its bona fide purchaser and in that regard he produced its transfer letter but the Revisional Court allowed the criminal revision filed by respondent on the wrong premise of law, therefore, the impugned order was liable to be set aside---Validity was only in possession of a photocopy of an undated transfer letter---Open letter was not a valid document of title and it did not transfer ownership of a vehicle in terms of the Provincial Motor Vehicles Ordinance, 1965---Registration certificate of the vehicle showed that the original owner of the vehicle was Bank had failed to establish his ownership of the vehicle, the application made by him for release of the vehicle was not maintainable and was wrongly allowed by the Judicial Magistrate---Property could be given on superdari under S. 516-A, Cr.P.C., if some offence appeared to have been committed or which appeared to have been used for commission of any offence---Ingredients of S. 516-A, Cr.P.C. were lacking in the case as no case was registered in respect of the vehicle---Petition was dismissed, in circumstances. Amjad Ali Khan v. The State and others PLD 2020 SC 299 rel. Muhammad Yousaf v. Muhammad Ramzan and 6 others 1999 PCr.LJ 968; Jam Sher Muhamamd v. Manzoor Amad and another 2006 PCr.LJ 311; Ali Muhammad v. Additional Sessions Judge and others 2007 MLD 1096 and Mst. Humera Arshad v. The State and another 2011 MLD 704 ref. Syed Wali Anjum v. Muhammad Abdul Hussain and another 1999 PCr.LJ 1167; Mst. Manzoor Begum v. Station House Officer, Police Station City, Bahawalnagar and another 2002 YLR 868; Haseeb Akram v. District Magistrate Mirpur (A.K) and 3 others 2012 MLD 1718; Rafiullah v. Additional, Advocate-General, Peshawar High Court Bench Mingora/Darul Qaza, Swat and another 2016 PCr.LJ 437 and Jamal-ud-Din Ahmed v. Muhammad Maqbool and 2 others 2011 PCr.LJ 1513 distinguished. (b) Criminal Procedure Code…
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