Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 516-A, 523 & 561-A---Car, Superdari of---Bona fide purchaser---Remedy---Car in question was owned by complainant which was taken by accused by cheating and fraud---Police, on F.I. R. registered by complainant, had taken the car into custody from another person, who claimed to be the bona fide purchaser from accused for valuable consideration---Validity---Disputed car was purchased by accused from complainant against sale consideration of Rs : 790, 000 who had sold the vehicle to applicant on the very next day for sale consideration of Rs. 640, 000 by sustaining monetary loss of Rs.150, 000 in one day---Such act on the part of accused itself had spoken some foul play and indicated that transaction so far made in haste in respect of disputed car was only to create obstacle for complainant---Accused when purchased disputed car from complainant on the basis of forgery and fraud, was not allowed to sell the same---Applicant though had claimed to be bona fide purchaser of disputed car but he could not be treated as lawful owner; at the most, applicant could avail legal remedy to recover his loss, if any, from accused---High Court directed Trial Court to decide case expeditiously and declined to interfere in superdari order in favour of complainant, passed by Lower Appellate Court---Application was dismissed in circumstances. Hassan Muhammad v. Nazar Hussain and others 2005 SCMR 1063; Ali Muhammad v. Additional Sessions Judge and others 2007 MLD 1096; Mst. Shaheen Begum v. S.H.O. (ACLC) and others 2005 MLD 176; Khawaja Fazal Karim v: The State and others 1986 SCMR 483 and The State through ANF Gilgit v. Chidi and 7 others 2007 PCr.LJ 1306 ref. Qaiser Shafeeq Vohra v. The State and Muhammad Saleem 1991 MLD 2590 rel. ORDER ABDUL RASOOL MEMON, J.--This Application under section 561-A, Cr.P.C. has been filed by Muhammad Suhail Memon challenging the order dated 30th of January, 2012 passed by the learned Vlth Additional District and Sessions Judge, Karachi East whereby the learned District Judge allowed the Criminal Revision Application No.77 of 2011 of respondent No.2 namely Shoukat Alam and consequently allowed custody…

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