Law:

Section:

(a) Criminal Procedure Code (V of 1898)--Ss. 523 & 561-A---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was grantee: to consider the question, whether the High Court in exercise of its jurisdiction under S. 561-A, CrY.C. could legally set aside the order of the Magistrate affirmed on revision by the Additional Sessions Judge, allowing Supardari of the case in dispute, to the party from whom it was recovered. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 523, 516-A & 561-A---High Court while dealing with the matter of Supardari of the car in dispute had given cogent reasons for passing an order .under S. 561-A, tr.P.C. taking care of the interests of both the parties--­Conditions referred to in the case of Malik Muhammad Rafiq v. Tehseen_ Qureshi 1986 SCMR 1539 being present in the case justifying the exercise of jurisdiction under S.561-A, Cr.P.C., appeal assailing the order of High Court was dismissed in circumstances. Fazal Karim v. The State and another 1986 SCMR 483; Malik Muhammad Rafique v. Tehseem Qureshi 1986 SCMR 1539(1) and Muhammad Shafique and others v. Abdul Hayee and others 1987 SCMR 1371 ref. (c) Criminal Procedure Code (V of 1898)-- ----S. 561-A---Jurisdiction of High Court under S. 561-A, Cr.P.C.---Essentials-­-Jurisdictional aspects and requirements for exercise of powers by High Court under S. 561-A, Cr.P.C. analysed. Muhammad Shafique and others v. Abdul Hayee and others 1987 SCMR 1371 ref. JUDGMENT AJMAL MIAN, J: --This is an appeal with the leave of this Court against the judgment dated 8-4-1990 passed by a learned single Judge of the Lahore High Court in Criminal Miscellaneous No.20/Q/90, filed by respondent No.1 against the order of Supardari dated 15-2-1989 passed by the Magistrate, First Class, Lahore, and the judgment dated 29-11-1989 passed by the learned Additional Sessions Judge, Lahore, maintaining the above order while dismissing respondent No.1's revision petition, allowing the same by setting aside the above order and judgment. The operative portion of the impugned judgment reads as follows:-- "10. The ends of justice require that the car may not be used by the respondents who have prima facie no…

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