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K.L.R. 2014 Criminal Cases 75

Muhammad Tufail vs The State, etc.

CitationK.L.R. 2014 Criminal Cases 75
CourtLahore High Court
Case No.Writ Petition No, 18712 of 2013
Date2013-09-20
Judge(s)Aalia Neelum
ResultPetition dismissed

ORDER

' AALIA NEELUM, J. --- Through the instant petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, the petitioner has challenged the validity of orders dated 13.7.2013 and 20.7.2013 passed by the learned lower Courts.

2. Briefly, the petitioner is a contractor of cattles Pathak at Raja Jhang, District Kasur and he is authorized the charge or diet expenses of the cattles as well as fine thereto for keeping the cattles at Cattle Pathak. One Waris Ali, SI of Police Station Mustafabad, Kasur took five buffaloes, three cows, four lady calf, one calf, three calf of buffaloes, two goat, two donkey car, three donkeys from the haveli of Khursheed Ahmad (Superdar)/respondent No, 4 vide Rapt No, 33, dated 21.5.2013 and handed over said cattles to the petitioner on 22.5.2013 for arranging the feed of the cattles which were kept by the police since 21.5.2013 and as such the diet expenses' comes to Rs, 6,00,000/-.

Respondent No, 4 submitted an application seeking superdari of the cattles to the learned Magistrate Section 30. Kasur which was allowed vide order dated 25.6.2013 and the Investigating Officer was directed to band over the above-said cattles to the Superdar after identification.

Thereafter the petitioner approached to the learned Magistrate Section 30, Kasur for recovery of maintenance charges qua Jhe said animals but the same was declined vide order dated 13.7.2013.

Being aggrieved of the said order the petitioner preferred criminal revision before the learned Addl.

Sessions Judge, Kasur against the impugned order dated 13.7.2013 which was too dismissed vide order dated 20.7.2013, hence this petition.

3. It is contended by the learned counsel for the petitioner that the impugned orders are void, ab- initio and are agatnst the norms of justice despite the fact that the petitioner spent huge amount upon the said cattres during the lodging in cattle Phatak at the request of Mustafabad Police; that both the Courts below had misinterpreted and misconstrued the law; and as such the same are liable to be set aside.

4. The record annexed with this petition reflects that the cattles have been seized by respondent No, 4 under Section 550, Cr.P.C. And he has not reported the matter qua seizure of the cattles to the learned Illaqa Magistrate required under the law. There was no occasion for the SHO to seize the cattles and impound them at Raja Jang without Court order. Seizure of cattles being in utter violation of mandate of the Section 550, Cr.P.C. Keeping in view the facts and circumstances of the case, the learned counsel for the petitioner could not point out any illegality or irregularity in the impugned orders and the same did not call for any interference.

5. Resultantly, this Writ Petition has no force and the same is dismissed..

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