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Petitioner: LAL DIN VS Respondent: YOUSAF ALI and others
Court Name: Lahore High Court Judge(s): Muhammad Nawaz Abbasi Title: LAL DIN vs YOUSAF ALI and others Case No.: W.P. No,9802 of 1992 Date of Judgment:1992-12-01 Reported As: 1993 P Cr. L J 831 Result: Petition dismissed
Judgment ORDER ' Through this Constitutional petition the petitioner seeks the direction for delivery of the cattle taken into custody by the concerned police, during the investigation of the case under section 420/406, P.P.C. On the application of respondent No,5 the cattle were given on Supardari to him by respondent No,6. Thereafter an application was moved by Yousaf Ali, S.I. For cancellation of Supardari of Shaukat Ali. The claim of the petitioner is that he being owner of the cattle is entitled to the custody of the same. As per comments submitted by respondent No,1 the cattle do not belong to the petitioner. 2. Learned counsel for the petitioner has pointed out with reference to paras 3 and 4 of the comments that the stand of respondent with respect to the title and ownership of the cattle is contradictory and that the averments of para. 4 of the writ petition have been admitted to be correct which fact establishes the ownership of the petitioner over the cattle. 3. I am afraid the contentions raised by the learned counsel for the petitioner have no foundation. In para.' 3 of the comments it has been clearly stated that the buffaloes and calf are not owned by the petitioner whereas the averments of para. 4 of the petition are that the cattle are stolen property, but were taken into possession in a case under section 420/406, P.P.C. 4. The petitioner instead of establishing his claim before the proper forum has approached this Court for decision over disputed question of fact which exercise is not possible in the Constitutional jurisdiction of this Court. This petition is dismissed accordingly.