Ch. MUHAMMAD FAROOK vs THE STATE AND ANOTHERs Case No — 1970 PCRLJ 1253

Citation: 1970 PCRLJ 1253

Court: Lahore High Court

Year: 1969

Decision Date: 1969-07-31

Parties: Ch. MUHAMMAD FAROOK vs THE STATE AND ANOTHERs

Headnotes

1253 Result: Petition allowed Judgment ORDER A preliminary objection has, been taken on behalf of respondent No. 2 as to the competence of this petition under section 561, Cr.

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Cheema Title: Ch. MUHAMMAD FAROOK vs THE STATE AND ANOTHERs Case No.: Criminal Miscellaneous No. 4245 of 1969 Date of Judgment:1969-07-31 Reported As: 1970 P Cr. L J 1253 Result: Petition allowed Judgment ORDER A preliminary objection has, been taken on behalf of respondent No. 2 as to the competence of this petition under section 561, Cr. P. C. On the ground that the impugned order passed by the learned Magistrate regarding the interim custody of the car in question in revisable under section 439, Cr. P. C. And as such there would be no occasion for invok--ing section 561-A, Cr. P. C. There is obviously force in this contention. But it has been prayed on behalf of the petitioner that the petition may be heated as one under section 439, A Cr. P. C. I see no objection to the grant of this prayer and accordingly proceed to treat this petition under section 439, Cr. P. C. Notwithstanding the fact that the petitioner has come directly to the High Court instead of moving the learned Sessions Judge in the first instance. 2. The short background of the case is that Toyata Car Model 1969, bearing No. RIB-5856 was purchased by Muhammad Farooq (petitioner) from one Mukhtar Ahmad on the 16th of June 1969. To be more precise the car had been pledged by Mukhtar Ahmad aforesaid with the petitioner for a sum of Rs. 23,000.00. The transaction seems to have been resorted to with a view to overcome the legal restriction on the sale of…

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