Law: Criminal Procedure Code (V of 1898)

Section: 516A,517,520,561A

(a) Criminal Procedure Code (V of 1898)--- ---Ss. 516-A, 517 & 520---`Superdari'---Where no rival claimants were available for `superdari' of vehicle, same should ordinarily be given on `superdari' to the person from whose possession it was taken---Criminal courts were not competent to investigate into the question of title as their jurisdiction was confined under S.516-A, Cr.P.C. or for that matter under S.517, Cr.P.C. to the determination of the entitlement to possession and not to the title to the property---Question of ownership, was to be determined by a competent civil court---Section 516-A, Cr.P.C. spoke of two types of properties regarding which criminal court had to pass an order i.e. the property regarding which any offence appeared to have been committed and the property which appeared to have been used for the commission of an offence. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 561-A & 516-A---Superdari---Petition for quashing of order---Petitioner had sought quashing of order passed by Additional Sessions Judge, whereby revision petition filed by respondent against order of Judicial Magistrate regarding `superdari' of motor car, in favour of petitioner was accepted and superdari was recalled---Motor car in question had been recovered by the police from an abandoned place from the village `abadi' and not from the possession of the petitioner---Iqrar Nama provided by petitioner regarding purchase .of vehicle in question was found bogus and procured---Petition-writer had totally denied having scribed the stamp paper regarding purchase of the vehicle in question---Case vide F.I.R. also stood registered against petitioner---Mere fact that no rival claimant, registration number of vehicle was mentioned in the F.I.R. and name of petitioner did not figure therein, by itself, could not be considered a good ground to prove ownership of petitioner---Impugned order, having regard to facts and circumstances of the case was in accordance with law, which could not be interfered with---Nothing was found in impugned order to give rise to interfere on the ground that it was suffering from any legal or jurisdictional error---Petition for quashing…

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