Const. Petition No.D-451 of 2011
Date Order with signature of the Judge
1. For order on Misc. No.14709/2012 (U/S.561-A,Cr.P.C).
2. For order on Misc. No.18739/2011 U/O.39 R1&2 CPC).
3. For Katcha Peshi.
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Mr. Pervaiz Iqbal Butt, Advocate for Petitioner along with Petitioner.
Mr. Sher Ali Shaikh, Addl. A.G. along with IO SI Zakirullah.
Mr. Jawed Farooqui, D.A.G.
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It appears that the instant petition was filed impugning order dated 31.12.2010, however, neither such order was filed along with the petition nor counsel is in a position to produce such order. The grievance which has been projected before us is that the petitioner has handed over his vehicle to one Zaman Khan after taking token money for verification of the document, who in connivance with the respondent got the vehicle transferred in his name and took it to Azad Kashmir. On representation of the petitioner crime No.334/2009 was lodged and is being proceeded with IV-Judicial Magistrate, Karachi Malir wherein necessary directions have been issued for production of such vehicle. Since alternate efficacious remedy is not only available but is being availed by the petitioner, therefore, in our opinion, the instant petition is not maintainable. Counsel for the petitioner says that this petition may be disposed of by giving directions to the IV-Judicial Magistrate, Karachi Malir, to expeditiously proceed with the matter and exhaust all possible lawful modes for recovery of the vehicle. Order accordingly.
The petition stands disposed of accordingly.
JUDGE
JUDGE