Syed ALI ABBAS vs THE STATE and another
The petitioner challenged a Lahore High Court order dismissing his review application regarding the surrender of a car and its registration book, which were the subject matter of an F.I.R. registered under Section 420 of the Pakistan Penal Code 1860. The petitioner claimed the car was transferred to him by his late brother, whereas the complainant, his brother's ex-wife, alleged forgery of the divorce deed and vehicle transfer. The Supreme Court considered the disputed surrender of the vehicle, the pending criminal challan, and parallel civil proceedings. The Court held that it would not interfere with the custody of the car at this preliminary stage, declining to resolve the ownership dispute while criminal proceedings were ongoing. The Supreme Court disposed of the petition by directing the trial court to decide the custody and disposition of the case property on merits under Section 516-A of the Code of Criminal Procedure 1898 within four weeks, subject to the respondent furnishing security bonds, uninfluenced by prior observations of the High Court.
- Whether the Supreme Court will interfere with the interim custody of case property when allegations of forgery and parallel civil proceedings are pending?
- Can a trial court determine the custody of case property under Section 516-A of the Code of Criminal Procedure 1898 independently of observations made in prior bail proceedings?
- Whether the custody of a vehicle subject to criminal investigation should be adjudicated by the trial court after examining relevant documents and hearing the parties?
- Section 420, Pakistan Penal Code 1860
- Section 516-A, Code of Criminal Procedure 1898
ORDER
' TASSADUQ HUSSAIN JILLANI, J.---Through this petition, petitioner has challenged the order dated 13-1-2011 passed by a learned Judge of the Lahore High Court vide which his application for review of the order dated 7-10-2010 was dismissed inter alia on the ground that the court had no power to review as the petitioner had voluntarily surrendered the possession of the car and the registration book subject matter of the F.I.R. In which bail was sought i,e, F.I.R. No, 311 of 2010 dated 20-4-2010, registered under section 420, P.P.C. At Police Station Mozang, District Lahore.
2. Learned Additional Advocate General, who appeared on court call, submitted that the car in question was owned by petitioner's brother and respondent No, 2/complainant is his ex-wife; that on 17-1-2009, the said brother divorced respondent No, 2; that on 23-1-2009, he sold the said car to petitioner in terms of transfer deed on stamp paper, which is appended with the petition; that petitioner's said brother died on 24-1-2009; that on 29-1-2009 the Motor Registration Authority transferred the registration of the said vehicle in the name of the petitioner and on 20-4-2010, respondent No, 2 got the afore-referred case registered; that on 6-7-2010 petitioner had filed a civil suit for declaration claiming ownership of the car in which the competent court vide order dated 8- 7-2010 had issued a stay order; that on 7-10-2010 when the bail was granted to the petitioner by the High Court, petitioner was in detention; that he was not produced before the Court on the said date; that the counsel who voluntarily surrendered possession and registration book, had no written instructions to that effect; that although the Motor Registration Authority on the application of respondent No,2 had initially cancelled the registration from the name of the petitioner but petitioner's bail was allowed by the appellate authority and the case was remanded to the Registration Authority to decide the matter afresh.
3. We have heard the petitioner, respondent No, 2 and learned Additional Advocate-General at some length and find that since the car subject-matter of this petition (bearing No, LEH-09-1060) was handed over to respondent No,2 on purported surrendering of the petitioner's claim, which surrender is being seriously disputed and as respondent has levelled serious allegations i,e, that petitioner forged . Divorce deed on behalf of his deceased brother (respondent No,2's husband) and thereafter got transferred the afore-referred car in his name and as the challan in the criminal case has been submitted before the trial Court (in which the afore-referred car is the case property), we would not like to interfere with the of custody of the car at this stage and would let the trial Court decide about it after hearing the parties and examining the documents/orders on which both the parties rely, within four weeks of parties appearance before the Court. During the interregnum and subject to respondent No,2's furnishing security bonds to the tune of Rs,500,000 with regard to the said car to the satisfaction of the trial Court, the car shall remain with respondent No,
2. Both the parties are directed to appear before the trial Court on 30-5-2011. The court shall decide the matter on merit in terms of section 516-A, Cr.P.C. Uninfluenced by any observation made by the High Court in bail granting order. SHO Police Station Mozang, Lahore, present in Court, shall cause the production of the car before the Court. Disposed of in terms noted above.