Law: Criminal Procedure Code (V of 1898)

Section: 516-A

  (a) Criminal Procedure Code (V of 1898) S. 516-A-Custody of property-Question of title-Criminal Court trot competent to decide--Question to be left for decision by civil Court--Matter already under police investigation--To be dealt with by Court taking cognizance of offence-Interference with order of custody of, property refused. Haji Muhammad aJamal Khan v. The State and another 1972 P Cr. L J 363 and Lahore Race Club v. The State and another P L D 1968 Lab. 185 rot applicable. Central Co-operative Bank Ltd. v. Ahmad Bakhsh P L D 1970 S C 343 rel. (b) Criminal trial  Practice and procedure--Revision-Petitioner neither stating in his revision, petition of having approached Sessions Judge and of his case being dismissed nor his counsel mentioning about such order during course of arguments-Highly improper not to disclose such facts--Behaviour, held, reflects on bona fades of party. (c) Criminal trial Jurisdiction-Practice and procedure-Objection as to illegality of registration of case at a particular place neither raised before Court of such place nor mentioned in revision petition-Petitioner himself submitting to jurisdiction of such Court and giving appli cation for custody of property to such Magistrate-petitioner, held, could not be permitted to take advantage of such technical objection in revision before High Court. Dates of hearing: 7th and 8th February 1973.                                                                                                                   JUDGMENT Javaid Akbar son of Muhammad Akbar, resident of 125-B, Model Town, Lahore, has challenged the order dated the 24th of October 1972, of the learned Magistrate First Class, Hafizabad, whereby he was denied the sapurdari of Mercedes Benz Car No. LEG 1615, Model 1966. The grievance of the petitioner is that he was the person in law who was entitled to the sapurdari of the above-mentioned…