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SARDAR AHMED vs ADIL Ss — 2022 YLR 138 FEDERAL-SHARIAT-COURT

Case information

Citation
2022 YLR 138 FEDERAL-SHARIAT-COURT
Court
Federal Shariat Court
Year
2022
Reporter
YLR
Parties
SARDAR AHMED vs ADIL Ss
Subject matter
Criminal
Provisions referred to
S. 517; S. 17

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SARDAR AHMED VS ADIL Ss.516-a & 517---Order for custody (Superdari) and disposal of property pending trial---Order for disposal of property regarding which offence committed---applicant, by way of revision application, had impugned order of Trial Court, whereby application filed by one of the accused under S. 517, Cr.P.C., for return of looted property, the subject matter of case, outcome of FIR registered under Ss. 302, 324, P.P.C. and under S.17(4), Offences against Property (Enforcement of Hudood) Ordinance, 1979 was allowed---Validity---Peculiar facts and circumstances of the case transpired that looted property had been recovered from the house of accused under proper memo of recovery---acquittal of accused---Claim of accused could not be decided by the criminal court being counter claim as the question of title, if any, should be left to be decided by the ordinary civil court of competent jurisdiction---Keeping in view the peculiar facts and circumstances of the present case, the case property which had already been given to the complainant on superdari under the order of the Trial Court would continue to be held by the complainant subject to proof of either party's title thereto in a civil court of competent jurisdiction---Resultantly, revision petition was disposed of by setting aside impugned order.

Other judgments reported in 2022 YLR

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