IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
Crl. Misc. Application No.S-20 of 2022
ORDER WITH SIGNATURE OF JUDGE
<![if !supportLists]>1. <![endif]>For orders on O/objection at flag-A.
<![if !supportLists]>2. <![endif]>For hearing of main case
Date of hearing 21.04.2022
Syed Zaffar Ali Shah Advocate for applicant.
Mr. Arif Ali Abbasi Advocate for respondent.
Miss. Shabana Naheed Asstt. Prosecutor General.
O R D E R
Through instant Criminal Miscellaneous application, the applicant has assailed the order dated 23.12.2011 passed by Additional Sessions Judge (Hudood), Sukkur whereby the application under Section 435 & 439-A Cr.P.C filed by the applicant against order dated 03.11.2021 passed by IInd Civil Judge & J.M, Sukkur in Crl. Karwai No.06 of 2020 under Section 550 Cr.P.C, Police Station, Airport Sukkur, was dismissed.
Counsel for applicant submits that impugned order is perverse and illegal which requires interference by this Court and is liable to be set-aside. Next submits that the vehicle “Datsun” in question belongs to the applicant who bears its registration documents in his name, even certified by Excise and Taxation Officer, Motor registration in Karachi.
Conversely, counsel for respondent No.3 submits that trial Court has passed just and proper order. He further submits that no illegality or irregularity manifest in the impugned order as such the application in hand is liable to be dismissed.
Learned Assistant Prosecutor General, while supporting the impugned order submits that there are other claimants of vehicle in question and the ownership of vehicle seems to be disputed, as such the ownership of the subject vehicle could only be decided by the competent Civil Court having jurisdiction, hence instant application is liable to be dismissed.
From perusal of the impugned order, it appears that learned Additional Sessions Judge (Hudood), Sukkur, after hearing the counsel for the parties and taking into account the material facts has passed speaking order. Relevant portion whereof, for the sake of ready reference is reproduced as under:
“It is factual position of the now a days that original registration documents are being kept by the seller of the vehicle till the final payment so at this stage, mere on the basis of original registration documents of the said “Dautsun” with the applicant the possession of the “Dautsun” could not be delivered to the applicant specially when there are many other claimants (as mentioned above), having agreements and other documents.
Thus I am of the humble conclusion that the impugned order passed by the learned trial Court advising to the parties that ownership of the said “Dautsun” due to many claimants would be determined by the civil Court, is proper, well reasoned and legal, hence does not requires interference by this Court, resultantly the instant reviusion application of the applicant is hereby disposed of accordingly, with directions to the parties to approach the civil Court as ordered by the learned trial Court for declaration of the ownership of the said “Dautsun”, which would be proper forum”.
There appears is no illegality and or infirmity in the impugned order. No force is found in the stance taken by applicant in the present proceedings and further learned counsel for the applicant has also failed to point out any error and or any illegality, infirmity or jurisdictional error in the impugned order, which could warrant interference by this Court. Consequently, this Criminal Miscellaneous application having no merit is dismissed.
J U D G E