Mamor Ali Versus State

Order

Raja Shakeel Ahmad, J .--- Through the instant petition filed under section 561-A, Cr.P.C the petitioner is seeking compliance of order; dated 18/01/2025 passed by this Court in Cr. Revision No. 01/2025 and release of vehicle in question in favour of the petitioner, with the following prayer:-

It is therefore, very humbly prayed, by accepting the instant implementation petition, this Honorable Court may graciously be pleased to direct the respondent No.1 to implement the judgment/order dated 18/01/2025 passed by this Hon'ble Court in Cr. Revision No. 01/2025, in true letter and spirit by releasing/handing over the aforesaid vehicle in favor of petitioner and respondent NO. 1 may further be directed to submit compliance report before this Hon'ble Court to meet the ends of justice, law and equity.

Any other relief which this Hon'ble Court may deems fit may also be granted in fovour of petitioner.

2. Precise facts of the case as per narration of the petitioner are that the petitioner is bona fide purchaser/real owner of the vehicle Saloon bearing Engine No. 3899558, Chassis No. CE110-5008063, Model 1996 as per sale deed/agreement dated 27/01/2022. As per the said deed/agreement the petitioner purchased the vehicle in consideration of an amount of Rs. 350,000/- (Three hundred and fifty thousand rupees) from one namely Ubaid Ur Rehman son of Noor ul Haq resident of Jagir Baseen Tehsil and District Gilgit. Thereafter the petitioner sold-out the same to one namely Ghulam Hussain son of Sher Muhammad resident of Jalalabad Tehsil Danyore District Gilgit, (serving as FC in police department GP posted as police line Konodas Gilgit), vide sale deed dated 23/10/2024 in consideration of an amount of Rs. 450,000/- (Four lac and fifty thousand rupees) and as per the said sale deed agreement the purchaser was bound to pay the fixed amount in favour of petitioner till 05/12/2024. For payment of the amount the purchaser Ghulam Hussain had issued a cheque amounting Rs. 380000/ (Three Lac Eighty Thousands) in favour of the petitioner Mamor Ali, which couldn't be withdrawn due to non availability of amount in the bank account of Mr. Gulam Hussain (Purchaser) on the due date. When the purchaser failed to pay the sale amount on due date as per terms of agreement dated 23/10/2024, the petitioner took back the custody of the vehicle in question on 13/12/2024. After taking possession of the vehicle by the petitioner the respondent No.2 Mr. Mohammad Hussain son of Shaba Ali resident of Chalt District Nagar Filed Application before SHO, PS City Gilgit, for registration of FIR against the petitioner with the claim that he had purchased the subject vehicle from Ghulam Hussain and he is real owner of subject vehicle which is stolen by the petitioner as such criminal proceedings be initiated against him. His application was not entertained by the SHO PS City Gilgit, for which he filed an application under section 22-A Cr.P.C before the Session Judge/Justice of Peace Gilgit, for direction to the SHO to register FIR against the petitioner, which was allowed vide order dated 11/01/2025 and the SHO P.S City was directed to register a criminal case in the light of application filed by the respondent No.2 Mr. Mohammad Hussain. Feeling aggrieved from the order of Justice of Peace the present petitioner through Criminal Revision Petitioner No. 01/2025 under section 439 read with section 561-A Cr.P.C assailed the vires of the impugned order dated 11/01/2025 before this Court, wherein this Hon'ble Court while disposing off the matter vide order dated 18/01/2025, had directed the respondent No.1 to trace the real owner of the vehicle in question. The operative part of the said order is reproduced hereunder:

"Concluding the matter it is ordered that SHO P.S City Gilgit can liberally inquire into the matter and can impound the vehicle in question. SHO PS City is directed to trace the real owner of the vehicle vide Chassis No. CE-110-5008063, Model 1996 by seeking help from the NADRA authority and the Anti-Car Lifting Authority Punjab."

Despite the above clear cut direction of this Court the respondent No.1 failed to comply with the orders of this court despite laps of considerable time, hence the instant application for directions to compliance of order dated 18/01/2025 passed by this Court in Cr. Misc No. 1/2025.

3. On 13/02/2025 while admitting the petition for regular hearing and notice to the parties the SHO, P.S City Gilgit was directed to appear in person and appraise the Court regarding the proceedings taken in the Compliance of order passed in Cr. Misc. No. 1/2025 dated 18/01/2025, on 17/02/2025 the SHO appeared before this Court without any report as such the same directions were again repeated to him to submit report, regarding the order under implementation and the case was posted to 19/02/2025 for compliance, on the this date the respondent No. 1 (SHO City P.S Gilgit) appeared with a written report wherein he states that, on 17/12/2024 the respondent No. 2 had submitted an application to him alleging therein that, his vehicle bearing Chassis No. CE-110-5008063, Engine No. 1975 CC, Model 1996. Has been stolen from RCC bridge Gari Bagh Gilgit, which was not adhered with for which the respondent No. 2 filed application under 22-A Cr.P.C before the Session Judge Gilgit which was allowed and accordingly on 03/02/2025 The FIR has been lodged and the investigation of the case is assigned to SIP Mohammad Hussain and the subject Car is taken into police Custody. It is also stated in the report the Excise Department GB has endorsed that the Car in question in NCP and according to E Police Verification App the subject Car in not stolen one. It is also categorically mentioned in the report submitted by the SHO P.S City Gilgit that, during investigation it has been revealed that the petitioner had sold the subject car to one Ghulam Hussain son of Sher Mohammad resident of Jalal Abad and in lieu of sale amount had given a Cheque which has been dishonored, however after executing the sale deed with the petitioner the said Ghulam Hussain had sold the same to the respondent No. 2 Mr. Mohammad Hussain in consideration of sale amount Rs. 3,80,000/ At the end of the report the SHO/Respondent No.1 have given his opinion that instead of initiating the legal proceedings against the said Ghulam Hussain regarding giving bogus Cheque have stolen the car of the respondent No.2.

4. After perusal of the report supra submitted by the respondent No.1/SHO P.S. City, it become clysters clear that, the petitioners was admittedly owner of the subject car which he sold to one Mr. Ghulam Hussain for sale consideration Rs. 450,000/, for which he had given a bogus Cheque to the petitioner which was disowned by the bank due to non availability of amount in his account, and the sale amount has not been paid to the petitioner till to date. Now the question arise, "whether without payment of sale amount/price of car, the Ghulam Hussain could be legally declared as owner of the subject car and whether without being legal owner he can further sale the subject car posing himself as owner"? The answer is No, meaning thereby that without payment of the sale price to the petitioner, his further transactions of the subject car as owner was illegal and based on mala fide, as such all the subsequent transaction shall be void. It is astonishing to mention here that the SHO, in his report himself states that, the Ghulam Hussain has not paid the sale amount to the petitioner and the bogus cheque issued by the Ghulam Hussain was dishonored by the bank, but for my surprise neither any proceedings have been initiated against the Ghulam Hussain nor he has been investigated in this regard. When the SHO was confronted with the contents of his report, he cannot justify the Court, for this inefficiency as such he was directed to produce the Ghulam Hussain son of Sher Mohammad resident of Jalalabad in Court on next date of hearing and case was posted to 19/02/2025 for further proceedings.

5. On the above fixed date instead of producing said Ghulam Hussain in compliance of order of this Court, the Respondent No. 1/SHO P.S City came forward with attested copies of two Police Diaries/Roznamcaha, one maintained in the District Police Line Gilgit dated 12/12/2024 wherein, on the report of SIP/LO Tota Khan it has been brought on the daily diary that the FCD Ghulam Hussain is absent from his duty since 20/12/2024, and the second copy of police diary relates to Police Station Jutial dated 12/01/2025 recorded on the basis of application of Murtaza Ali son of Ghulam Hussain resident of Childish Dass Nomal Gilgit stating therein that his father Ghulam Hussain serving in Police Department had gone on his duty on 10/01/2025 and did not return. In the night of 11/01/2025 at 11:00 p.m. made a call to younger brother Haider Ali and told that he is in the house of Niat Khan of Bulachi at Sakwar Khari and intended to commit suicide and cut off the call. Since then he is missing. During the course of proceedings it is also brought on my notice that the said Ghulam Hussain who is serving in the police department as FC Driver is habitual offender known as a thug, he had not defrauded only the petitioner but also cheated many other gentle people of the area.

6. In view of the facts brought on record during the proceedings of instant matter, it become crystal clear that, the conduct of concern police officials dealing with the present matter is totally based on mala fide. It is also brought in my notice that the vehicle in question was taken from the custody of the petitioner by two persons who are personal of CTD Police. It was surprising for me that, according to the police diaries a police official is absent from duty and his report of missing is officially recorded in the police diaries but almost laps of two moths, till to date no any efforts have been made either to trace him or to proceed him under relevant E&D rules for his absence from duty. When the respondent No. 1 was confronted with this fact he has nothing to say except silence, which confirms that all the documents submitted by the respondent No. 1 in the Court are intended to suppress the real facts from the notice of the Court.

7. As squeal to above facts, I observed with great concern that, all the efforts made by the concerned police official who conduct the investigation in the instant matter were intended to protect and benefit Mr. Ghulam Hussain who is also a police personal and deprive a poor person/petitioner from his right. The intentional in-efficiency and negligence of the police officials in proper conduct of proceedings of this case should have been inquired, and responsible officials should have been dealt with iron hand after proper inquiry. Mr. Mirza Hassan DIG Police Gilgit Range who appeared in Court proceedings today on notice is hereby directed to constitute a honest officer of SP rank in the matter to conduct proper inquiry. He is also directed to confirm that the impugned vehicle is not stolen one, by utilizing the modern facilities i.e. Anti Car Lifting Authority web site, and other applications/means which are available with the Police and Excise and Taxation Departments GB for tracing the stolen vehicles; and if found that, the subject vehicle is not stolen one then hand it over to the petitioner who is according to the existing record is owner of subject vehicle.

8. The Registrar of this Court is directed to send attested copy of the instant judgment along with all record of the case to the office of DIG Police Gilgit Range to ensure the compliance of the directions and submit the compliance report within 30 days after receipt of this judgment, for perusal of this court in chamber.

9. The instant petition is hereby disposed of on the above terms. File.

JK/12/GB Order accordingly.