1. ' SALMAN HAMID, J.---Through this Criminal Miscellaneous Application under section 561-A, Criminal Procedure Code, 1898, Warid Telecom (Pvt.) Limited, (Petitioner) has challenged the Order dated 17- 10-2011, passed by VIth Judicial Magistrate, Karachi-East, (VI JM) in Crime No,217 of 2011 of Police Station Bahadurabad, lodged under sections 420 and 406 Pakistan Penal Code against respondent No,3. After investigation the I.O. Recommended disposal of F.I.R. Under C-Class.
2. ' Facts deducible from the file are that the respondent No,3 was employed with the petitioner and during his employment he was given an official car Honda Civic ARV-849 (Vehicle). After termination of his service contract on 27-1-2011 he was asked to return back the Vehicle which he did not return. Eight months after termination of service contract, petitioner lodged F.I.R. On or about 6-9-2011. The matter was investigated into and it was reported by the I/O that there seems to be a civil dispute relating to the return of Vehicle as according to respondent No,3 he, as per practice of respondent No,3(sic) was entitled to purchase the Vehicle on depreciated value upon termination of employment contract and that it was also agreed by the petitioners. It also came on record that a civil suit is pending adjudication in respect of the above Vehicle which fact however was disputed by the learned counsel for the petitioner.
3. ' Admittedly respondent No,3 was employed on contract and that his contract was terminated.
4. During employment he was using the Vehicle and as per practice of petitioner the respondent No,3 was entitled to purchase it (Vehicle) on depreciated value, for which offer was also made. Looking to this aspect of the matter the case under sections 420 and 406 Pakistan Penal Code was hardly made out. Report having been submitted by the I/O was rightly accepted by the Magistrate concerned whereby she disposed of the F.I.R. Under C-Class which required no interference of this Court. The Criminal Miscellaneous Application under the above facts and circumstances of the case, is not maintainable and is hereby dismissed.