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| Criminal Revision U/S 435/439-A Cr. P. C |
PURPOSE OF CRIMINAL REVISION: To assail the order of the trial court before the revisional court.
IN THE COURT OF LEARNED SESSIONS JUDGE, (name of district)
In the matter of:
(Name, parentage, and address of the petitioner) …Petitioner
Versus
1. (Name, parentage, and
address of the respondent)
2. The State ….Respondents
CRIMINAL REVISION U/S 435/439-A Cr. P. C. AGAINST THE IMPUGNED ORDER DATED 08.01.2021 PASSED BY COURT OF LEARNED AREA MAGISTRATE POLICE STATION SHUGRAN, WHEREBY THE LEARNED MAGISTRATE DISMISSED THE SUPERDARI APPLICATION OF THE PETITIONER AND ALLOWED THE SUPERDARI APPLICATION OF RESPONDENT NO. 1 REGARDING THE VEHICLE/ HONDA CIVIC BEARING REGISTRATION NO. RIA-00000, ENGINE NO. R18Z10000000005, CHASSIS NO. NFBGFC000GR000007, COLOUR WHITE, MODEL 2016, IN CASE FIR NO. 124/2020 DATED 04.01.2020, U/S 406 PPC, P.S SHUGRAN.
Respectfully Sheweth:-
The brief facts leading to the instant revision petition are that the above titled FIR was lodged on the complaint of so-called complainant i.e. respondent No. 1, regarding the above-said vehicle, and the said vehicle was recovered by the police of P.S Shugran by the petitioner. The petitioner moved an application for superdari of the above-said vehicle with the contention that the petitioner is the owner of the above-said vehicle through agreements dated 09.10.2020 & 30.10.2018.
That meanwhile, the respondent No. 1 also filed an application for superdari of the above-said vehicle before the learned Magistrate, and subsequently, the learned Magistrate, P.S was pleased to dismiss the Superdari application of the petitioner and allowed the application of respondent No. 1 vide consolidated order dated 08.01.2021, which is impugned herein through the instant criminal revision inter alia on the following: -
G R O U N D S
That the impugned order is against the law and facts of the case.
That the learned trial court while passing the impugned order has committed material irregularities and did not appreciate the material placed by the petitioner and miserably failed to exercise the jurisdiction vested in it, hence the impugned order is not maintainable in the eye of law.
That the learned trial court with due respect while rejecting the superdari application of the petitioner did not consider the agreements produced by the petitioner which are on record and it is evident from the said agreements that the petitioner is the owner and the true claimant of the above-said vehicle, as the subsequent agreement executed between the petitioner and respondent No. 1 is still in the field and has not been expired and according to said agreements both the parties have to perform their obligations as per the terms and condition of the agreement, hence the impugned order passed by the learned Magistrate liable to be set aside. Reliance is placed on 2017 PCrlJ 1729.
That the learned trial court also miserably failed to consider that the vehicle in question is a civil dispute between the parties and in this regard, a suit for specific performance of the agreement and permanent and mandatory injunction is also filed by the petitioner which is subjudice before the court of Noureen Koser, Learned Civil Judge, Rawalpindi, in which the Hon’ble Court was pleased to issue the status quo order regarding the possession of the suit vehicle and without considering this aspect of the matter, the learned Magistrate passed the impugned order which is not maintainable and liable to be set aside.
That even otherwise the petitioner is ready to submit sufficient surety bonds for the satisfaction of the court and is also ready to produce the said vehicle as and when required by the court.
That the learned trial court has passed the impugned order mechanically and in arbitrary manners without applying its judicial mind to the relevant law, facts, and circumstances of the case which caused a grave miscarriage of justice.
That the learned trial court has failed to follow the law and dictums of the superior courts on this behalf and committed illegality while passing the impugned order, hence the same is not sustainable in the eye of law.
That the impugned order is based on surmises and conjectures which is not sustainable in the eyes of law.
That petitioner may also be allowed to take any other ground at the time of arguments.
PRAYER:
It is, therefore, most respectfully prayed that the instant petition may kindly be accepted and the impugned order dated 08.01.2021 passed by the learned area Magistrate, may kindly and graciously be set aside and the application for superdari of the petitioner regarding the vehicle (fully described in the headnote of the instant petition), may kindly and graciously be handed over to the petitioner by recalling the order dated 08.01.2021, in the best interest of justices.
Any other relief which this Hon’ble Court deems just and proper may also be awarded.
Petitioner Through Counsel
Dated:-July 1, 2022
Certificate:-
Certified as per instructions received by
my client this is the first Criminal Revision on the subject ever moved before
this Hon’ble Court.
…Counsel
Important Note:
1. Power of Attorney or wakalatnama be filed along with the petition.
2. It’s should be clearly mentioned whether it is the first, second, or third petition before this court is being filed.
3. The copies of the order, of the court below
4. All relevant documents are necessary to be filed along with the petition.
5. To attach an affidavit with the petition.
6. Such types of petitions must have a separate application for suspension of operation of the impugned order.
IN THE COURT OF SESSIONS JUDGE, ( )
ABC Versus XYZetc
CRIMINAL REVISION U/S 435/439-A Cr. P. C.
AFFIDAVIT
I, (Name, parentage,
and address of petitioner), do hereby solemnly affirm and declare that contents
of the accompanying criminal revision are true and correct to the best of my
knowledge and belief and nothing has been concealed therefrom.
Deponent
Verified
on Oath at Shugran on 1 July, 2022, that the contents
of the above affidavit are true and correct to the best of my knowledge and
belief and nothing has been concealed therefrom.
Deponent
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