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Petition for Special Leave to Appeal No. 300 of 1969, decided on 18th December 1969.
(On appeal from the judgment and order of the High Court of West Pakistan. Lahore dated the 30th October 1969, to Criminal Miscellaneous No. 5898 of 1969).
516‑A‑Supardari‑Car taken into possession by order of High Court in proceeding under S. 491, Cr. P. C.‑High Court, finding car to have been purchased with money of woman involved in proceeding, ordering it to be placed in custody of father of woman till ownership decides by civil Court of competent jurisdiction Order of High Court, held, proper‑Criminal Procedure Code (V of 1898), S. 491.
Masood Akhtar, Advocate on Record for Petitioner.
Nemo for Respondents.
Date of hearing: 18th December 1969.
This petition for special leave to appeal as directed against the order of a learned single judge of the west Pakistan High Court Lahore in Criminal Miscellaneous No. 5898 dated the 30th October 1969, whereby the application of the petitioner to release Morris Car No.LEE/8172 to him was dismissed.
In Criminal Miscellaneous No. 3864/H of 1969, proceedings were taken in the West Pakistan High Court, Lahore, tinder section 491, Cr. P. C. to recover Mst. Hasina Begum. She was produced before the Court on the 7th July 19, 9. One Feroze Din, who was also served to attend the Court, alleged that she had married him. The High Court did not accept his statement and suspecting Mst. Hasina Begum to be of unsound mind got her examined by a Medical Board. The Medical Board, in its report, submitted that she was a woman of sound mind. At first Mst. Hasina Begum wanted to go with Feroze Din, but latter on, she requested the Court to allow her to go with her father, Ch. Muhammad Siddique.
During the pendency of the above proceedings, the above mentioned car was taken into possession by the order of the High Court on the ground that it was purchased with the money be longing to Mst. Hasina Begum. It was handed over to Ch. Muhammad Siddique, her father. Ch. Muhammad Siddique also filed Criminal Miscellaneous ' No. 4224 of 1969. While disposing of these petitions, the High Court directed that the car in question shall remain in possession of Ch. Muhammad Siddique till such time as the question of its ownership was decided by a civil Court of competent jurisdiction... This order was passed on the 26th September 1969. It is alleged by the petitioner that he purchased the said car from Feroze Din on the. 27th September 1969, i. e., to say a day after the above mentioned order was passed. Thereafter, he moved Miscellaneous No. 5898 of 1969 for the release of the said car in his favour learned Single Judge of the High Court, by order dated the 30th October 1969, has dismissed his application and has directed him to get the ownership of the car decided by a, civil Court of competent jurisdiction. The petitioner seeks permission to file an appeal against the said order.
In support of the petition, Mr. Masood Akhtar, learned counsel for the petitioner has urged that the car stands in the name of Feroze Din and the petitioner being a bona fide purchaser is entitled to its possession. The contention of the learned counsel has no force. As long as the order dated the 26th September 1969, is not set aside at the instance of the party aggrieved by it, the question of releasing the car of the petitioner does not arise. In the circumstances, the proper course for the petitioner is to follow the direction of the High Court. There is no force in the petition which is dismissed.
Leave refused.
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