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By this application the applicant has challenged the orders passed by the Additional Sessions Judge, Kotri in Criminal Revision Application No. 9/88 on 7-3=1989. Briefly the facts are that Jamshoro Police had found a Suzuki vehicle No. 334-342 and confiscated under section 550, Cr.P.C. The respondent Aziz Gul approached the police and claimed the Suzuki and the police after verifying his documents submitted a report before the Mukhtiarkar and FCM, Kotri on 9-7-1988 and the Magistrate handed over the custody of the said vehicle to him on furnishing bond. Subsequently the present applicant Atta Mohammad made an application under section 523, Cr.P.C. whereupon the learned Magistrate passed an interim order for seizure of the Suzuki and keeping it at Jamshoro Police Station till 24-9-1988. A notice was given to the said Aziz Gul and then after A recording evidence to determine the title of the parties the Magistrate passed an order on 15-10-1988 whereby the said vehicle was handed over to the present applicant Atta Mohammad whereupon the present respondent Aziz Gul filed a revision application before the Additional Sessions Judge at Kotri who passed the impugned order setting aside the second order passed by the Mukhtiarkar passed on 15-10-1988 and maintained his first order dated 10-7-1988 and ordered the vehicle to be handed over to the present respondent Aziz Gul in terms of that order. This application has been filed challenging the said impugned order.

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I have heard learned counsel for the parties. Mr. Nadeem Hussain Shah, learned counsel for applicant Atta Mohammad has submitted that the first order passed by the Mukhtiarkar amounts to an order passed under section 523(2), Cr.P.C. which reads as under:-?