Case Details

Citation(s)
2026 SLG 4045 = 2026 SLD 4045
Islamabad High Court
W.P. No.98 of 2021
Presented By: ARBAB MUHAMMAD TAHIR
  Petitioner by:                  Mr. Ikhlaq Ahmad, Advocate for the petitioner,   
Respondents By: Mr. Muhammad Waqas Malik, advocate for  respondent No.2. Mr. M. Sohail Khurshid Gujjar, State Counsel with Fawad Khalid, ASI.                                     Date of hearing:            01.02.2022.

Fazal Muhammad Khan.

VERSUS

Sessions Judge, Islamabad (West), etc.

Law:

Section:

Summary The petitioner challenged the orders of the Judicial Magistrate and Sessions Judge refusing to grant him superdari (interim custody) of a Toyota Grande involved in a fraud case. He claimed to be the bona fide purchaser and last possessor of the vehicle. However, the Court held that interim custody can only be granted to the registered owner under the Motor Vehicles Ordinance, not merely on the basis of possession or a sale agreement, especially when the transaction is alleged to be fraudulent. Since the vehicle was registered in another person's name and the lower courts had already rejected the petitioner's claim, the High Court found no reason to interfere and dismissed the writ petition.         JUDGMENT SHEET The instant writ petition is arising out of order dated 05.01.2021, passed by the learned Sessions Judge, Islamabad-West whereby revision petition filed by the petitioner against order dated 16.12.2020 of the learned Judicial Magistrate Islamabad west, was dismissed.  2-  The subject matter of the case is Toyota Grande, Registration No. AAK 660, Model, 2016 (“vehicle”). The respondent No. 2 (Makhdoom Ali Raza Gillani) lodged FIR No. 373, dated 01.12.2020, under Sections 419,420, 468 & 471 PPC at police station Shalimar Islamabad against the petitioner (Fazal Muhammad) alongwith four others on the allegations of commission of fraud, issuance of fake pay order as sale consideration of the vehicle.  The petitioner is also accused of another FIR No. 376 dated 16.10.2020, registered under Sections 419,468,471,420, PPC P.S Lohi Bher Islamabad.  According to the allegations, petitioner used fake name of Asad Raza by pasting his picture on the copy of CNIC of said Asad Raza.  3.  Both the parties then filed separate applications for superdari of the vehicle. The learned Judicial Magistrate vide two separate orders of even 2 W.P. 98 of 2021   date i.e. 16.12.2020, dismissed the petitioner’s application while allowed the application filed by the respondent No. 2. The petitioner filed criminal revision against the dismissal of his application for superdari before learned…
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