| Citation(s) |
|---|
| 2025 SLG 3394 2025 SLD 3394 = 2025 SHC 300 |
Crl. Revision Application No.S-95 of 2024
Mr. Abdul Ghafoor Jiskani, Advocate for applicant.
Law: Criminal Procedure Code (V of 1898)
Section: 397, 482
Summary:
The impugned order dated 06.11.2024 passed by the learned trial Court has been set aside with the consent of the learned counsel for the applicant and learned APG. The matter is remanded back to the trial Court for a fresh decision. The trial Court is directed to pass a speaking order after taking into account all material evidence including ownership and title documents of the vehicle in question. The trial Court must hear both parties and decide the matter afresh in accordance with law within one month. Consequently, the instant Criminal Revision Application along with the listed application is disposed of in these terms.
Core Points:
- The impugned order by trial Court is set aside.
- The matter is remanded to the trial Court for fresh consideration.
- Trial Court is required to pass a speaking order based on all relevant evidence.
- Ownership and title documents of the vehicle must be considered.
- Both parties should be heard before decision is made.
- The fresh decision must be rendered in accordance with law within a month.
- The Revision Application and listed application are disposed of accordingly.
Law and Section Table:
| Law / Section | Description |
|---|---|
| Code of Criminal Procedure (CrPC) | The primary procedural law governing criminal trials and revisional jurisdiction in India and Pakistan. |
| Section 397 (CrPC - India) | Revisional power of High Court or Sessions Court to call for the record of any case and satisfy itself as to legality or propriety of any finding, sentence, order, or proceedings. |
| Section 482 (CrPC - India) | Inherent powers of High Court to make orders to prevent abuse of process of any court or to secure the ends of justice, including setting aside orders and remanding matters. |
| Speaking Order Requirement | Courts must pass reasoned, speaking orders considering all material evidence and hearing parties before deciding cases anew. |
| Ownership & Title Documentation Laws | Legal requirement that ownership and title documents be considered in cases involving property or vehicle disputes. |
With the consent of learned counsel for applicant as well as learned APG, the impugned order 06.11.2024, passed by learned trial Court is set aside and the matter is remanded back to the trial Court to pass speaking order on taking into account all the material so also ownership and title documents of the vehicle in question and after hearing both the parties decide the matter afresh in accordance with law within a period of one month hereof.