Law:

Section:

Criminal Procedure Code (V of 1898) S. 516 A Custody of property Crime property entrusted to respondent in previous case, such case still , pending and order of entrustment still subsisting Custody of such property on a second case filed in respect of same property, held, must remain with respondent. [Custody of property]. ORDER NASIM HASAN SHAH, J. The petitioner by this petition seeks leave to appeal against the order dated 9 4 1978 of the Lahore High Court, passed in Criminal Revision No. 217 of 1977. The facts of the case are that a tractor allegedly belonging to Muhammad Shaft (respondent No. 1 herein) was stolen and he lodged an F. I. R. on, 10 5 1975 against the present petitioner. The tractor was recovered and given on superdarl to the respondent. It appears that an agreement, thereafter, was arrived at between the parties and the custody of the tractor was handed over to the petitioner Lal Din on certain terms. Sometimes thereafter another theft case was registered by Muhammad Shaft respondent. During the course of investigation the Police recovered the tractor and again gave it on superdari to Muhammad Shafi respondent. However, the Investigating Officer found that the second F.I. R. was bogus and false and made a discharge report, which was accepted by the Ilaqa Magistrate. The petitioner herein filed a. revision before the Lahore High Court against the order of the llaqa Magistrate, whereby superdari of the tractor was given to the respondent. This petition was dismissed by a learned Judge of that Court, vide order dated 9th April 1978. Hence this petition for leave to appeal. Before us, it was submitted that in fact the petitioner was the owner of the tractor and had purchased it from Messrs M. M. Motors, Queens Road, Lahore. But as he had…

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