Muhammad AkramNasir Khokhar vs The State and others
This criminal revision application challenged an order passed by the trial court regarding the custody or disposal of a vehicle. The core legal question concerned the validity of the trial court's order in light of the material evidence, specifically ownership and title documents, presented by the parties. Upon the consent of the learned counsel for the applicant and the Assistant Prosecutor General, the High Court set aside the impugned order dated 06.11.2024. The matter was remanded back to the trial court with a direction to pass a speaking order. The court held that the trial court must reconsider the matter afresh, taking into account all relevant material, including the ownership and title documents of the vehicle in question, after providing a fair hearing to both parties. The key principle laid down is that a trial court, when deciding on the disposal or custody of property, must issue a reasoned (speaking) order that explicitly considers the documentary evidence of ownership and title submitted by the parties.
- Can a trial court order regarding the custody of a vehicle be set aside if it fails to consider ownership and title documents?
- Is a trial court required to pass a speaking order when deciding on the disposal of property?
ORDER
1. With the consent of learned counsel for applicant as well as learned APG, the impugned order 06.11.2024, passed by learned trial Court is set aside and the matter is remanded back to the trial Court to pass speaking order on taking into account all the material so also ownership and title documents of the vehicle in question and after hearing both the parties decide the matter afresh in accordance with law within a period of one month hereof.
2. Accordingly, instant Crl. Revision Application along with listed application is disposed of in the above terms.