Case Details

Citation(s)
1994 SLG 853 1994 SLD 853 1994 SCMR 1643
Supreme Court of Pakistan
Civil Petition No. 346-L of 1993, decision dated: 19-12-1993
SAAD SAOOD, JAN AND SAJJAD ALI SHAH, JJ

Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395

Mirza MUZAFFAR BAIG

ADDITIONAL DISTRICT & SESSIONS JUDGE, SIALKOT and others

Law:

Section:

Criminal Procedure Code (V of 1898)--S. 523---Constitution of Pakistan (1973), Art. 185---Vehicle suspected to be stolen was seized by the Police---Rival claimants for obtaining Superdari of such vehicle---High Court during proceedings summoned record from Motor Vehicle Authority but could not examine it on that day and the case was adjourned for the next day---High Court deciding question of Superdari on the adjourned date of hearing in the absence of record---Leave to appeal was granted and petition was converted into appeal and case was remanded to the High Court for fresh decision after obtaining relevant information from some competent Officer of Motor Vehicle Authority relating to correct identification of the vehicle in question. ORDER SAJJAD ALI SHAH, J.---Through this petition leave is sought against order dated 11-7-1993 passed by the High Court, whereby learned Judge in Chamber dismissed writ petition maintaining order of Superdari passed in revision in favour of respondent No. 2 Maqsood Ahmed. 2. Briefly stated the relevant facts in the background are that petitioner herein namely Mirza Muzaffar Baig filed F.I.R. No. 46/89 at P.S. Baghbanpura, District Gujranwala on 22-2-1989 claiming therein that his vehicle Hilux Registration No. 649-LHN Engine No. 0832937, Colour Kaleji (dark Brown), Model 1984, was stolen. On 6-2-1992 he filed another F.I.R. No.35/92 at P.S. Daska, District Silakot and stated therein that his vehicle was stolen in respect of which he had filed F.I.R. before and he had seen and identified his vehicle at police station and, therefore, filed second F.I.R. 3. According to police report, one Abdul Munim alias Munawar, while in custody, during investigation revealed that he had stolen several vehicles and sold to different persons. Vehicle in question was taken into possession under section 560, Cr.P.C. Mirza Muzaffar Baig and Maqsood Ahmed, both rival claimants filed applications for obtaining the vehicle on Superdari and both were heard by Assistant Commissioner/M.I.C., Daska. After hearing the parties and examining documents produced by them in support of their claims, Assistant Commissioner/M.I.C passed order of Superdari in…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492