Rameez Iqbal vs State Ss — 2025 PCrLJ 748 ISLAMABAD

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Rameez Iqbal VS State Ss. 523 & 550 ---Impounding of vehicle by police---Legality---Vehicle neither stolen property nor involved in any criminal case ---Vehicle impounded by the Police under S.550 Cr.P.C. without reporting it to the Magistrate---Two step-brothers and their real mother were involved in litigation (including civil- suit); during its pendency, subject-vehicle was taken into possession (impounded ) by the Police under S.550, of Cr.P.C.---Superdari was firstly granted by the Magistrate to step-brother and then to mother ; the petitioner(son) filed constitutional petition as revision against said both orders was dismissed ---Validity --- After taking the subject-vehicle into custody, it was mandatory to report it to the Magistrate under S.523, Cr.P.C without any loss of time but , in the present case, no such effort was made which is violation of Ss. 523 and 550, Cr.P.C. ---Criminal proceedings cannot be initiated, at the behest of any party, to exert pressure or to resolve the civil dispute as per their whims--- In the present case , proceedings initiated by local police under S.550, Cr.P.C are violative of mandatory provisions, therefore, are not legally sustainable --- Resultantly, proceedings initiated by the Police under S.550 Cr.P.C are quashed---As the main proceedings have since been declared to have been taken without lawful authority, subsequent proceedings, being its offshoot, would be treated alike, and are consequently set-aside---Subject-vehicle shall forthwith be handed over to respondent(step-brother of petitioner) as it was taken into possession from his custody---Constitutional petition was disposed of accordingly.

Rameez Iqbal vs State Ss — 2025 PCrLJ 748 ISLAMABAD

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