Law:

Section:

Keywords: Merits Of The Case, Disposal, Order, Copy, Possession, Custody, Place, Evidence, Magistrate, Claims, Injunction, Charge-Sheet, Trial Court, Period, Surety, Period Of Limitation, Commencement, Parties, Records, Payment, Civil Court, Grace Period, Suit For Declaration, Disposed Of, Interference, Delay, Set Aside, Certificate, Status Quo, Exemption, Theft, Procedure, Illegal, Property, Orders, Collateral Proceedings, Language, Discharge, Compliance, Proceedings, Production, Delivery, Prosecution, Leave, Notice, Copies, Ownership, Commission Result: Petition allowed JUDGMENT The applicant was arrested on 21-11-71 for an offence under section 379, P. P. C. On the allegation that be alongwith others had lifted one oil tanker. No. KAX 8996, while it was parked in Khokhrapar and was in the custody of the driver Muhammad Siddique on behalf of its owner Abdul Razzaq, respondent No. 1. On 21st November 1973, however, the S. D. M., Civil Lines discharged the applicant under section 253(2), Cr. P: C. In the circumstances which he described as under: "From a perusal of the records the following points emerge (1) The F. 1. R. No. 524/74 was lodged on 20-11-1971. (2) The accused was arrested on 21-11-1971. (3) The truck No. KAX 8996 was given to the complainant on Supurdginama on 24-11-1971 but it was never produced before the Court. (4) The charge-sheet No. 54/72 was (i) prepared on 25-2-1972, (ii) approved by D. S. P. East on 1-3-1972 for submission to the Court, (iii) moved before the Court on 1-9-72. (5) Since the institution of this case before the Court on 1-9-1972 no proceedings took place for want of case property and non-production of prosecution witnesses. (6) The complainant and the accused are in civil litigations for the title of the case property truck No. KAX 8996. The above discussion shows that (i) the challan was submitted before the Court after ten months of lodging the F. I. R. And six months after it was approved by the D. S. P. East. (2) No proceedings took place for more than a year; after the case was instituted before the Court, due to lack of evidence; thus the prosecution have utterly failed to prove their case, (3) a civil suit about the…

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