1988 MLD 1750

ASIM AZIZ Versus INVESTIGATING OFFICER, C.I.A. LAHORE

Citation1988 MLD 1750

CourtLahore High Court

Case No.Criminal Revision No. 224 of 1973

Date1988-10-16

Judge(s)Sardar Muhammad Dogar

ResultOrder accordingly

1. A direction was given by the Sessions Judge, Lahore vide order dated 6 973 that the sum of Rs.76,551 lying with Habib Bank Limited, Kot Abdullah nah Branch, in the name of Saeed Ahmad be handed over to S.I., C.I.A., Lahore who was investigating the case registered at the instance of the Deputy Settlement Commissioner (Administration), Lahore, at Police Station, Civil Lines, Lahore on 23‑12‑1972, under section 468/471/419/420/380, P.P.C. Asim Aziz, Manager of Habib Bank Limited, Kot Abdullah Shah Branch tiled a review petition before the Sessions Judge which was dismissed vide order dated 19‑3‑1973. He then filed revision petition (Criminal Revision No. 224 of 1973), challenging the order passed by the Sessions Judge, Lahore. The Chief Accounts Officer, Settlement Organization, Lahore also filed revision petition (Criminal Revision No. 571 of 1973), challenging the order dated 6‑3‑1973. Since both the revision petitions have arisen from the same order and facts, they are being disposed of together.

2. Learned Assistant Advocate‑General, appearing for the State has stated `that there is report on the back of the F.I.R., in the register, in the following words:‑‑

2. The said report, is dated 12‑8‑1976. The learned Assistant Advocate General states that this report shows that the challan was never submitted to Court.

3. Learned A.A.‑G. has shown his inability to defend the impugned order passed by the Sessions .fudge. Even otherwise since nobody was held liable for he commission of any offence regarding this money nor anybody was declared to be; entitled to it the money should return to the person or the account, where it was lying at the tin; e, the order was passed.

4. The amount, according to Mr. Shabid Hussain Kadri, Advocate is still lying in the account of Habib Bank Limited. The petition filed by the Bank is allowed. The order of the Sessions ,fudge, Lahore is set aside. The money shall remain in the Bank till it is obtained by any claimant on furnishing proof of ownership. The revision petition of the Settlement Department is also disposed of with the direction that they may approach the Bank for withdrawal of the money, in accordance with law, by showing their entitlement.

5. M.A.K./A‑452/L Order accordingly.