' ASSADULLAH KHAN CHAMKANI, J.---Through this judgment I propose to dispose of the instant Quashment Petition No.99-P of 2012 as well as the connected Quashment Petition No.107-P of 2012 as both have been arisen out of the one and same judgment/order dated 29-3-2012 passed by the learned Additional Sessions Judge-VIII Mardan whereby he dismissed the Criminal Revisions and maintained the judgment/order dated 21-3-2011 passed by the learned Civil Judge-I/Judicial Magistrate, Mardan to the extent of confiscation of the vehicles in question.
2. Succinctly, relevant facts of the case are that Sher Rehman S.H.O. Police Station, Saddar Mardan received information that Sheraz son of Mir Azam in the garage of his Hujra along with Ubaid Ahmad alias Farhan, Mujahid Shah are dealing in the business of changing the number plates, chassis plates and chassis number of the stolen vehicles and thereafter sold it. On this information the S.H.O. Along with police contingents raided the said Hujra and from garage apprehended Ubaid Ahmad and Mujahid Shan and taken into possession different number plates and other parts of the vehicles. The S.H.O. Also taken into possession two vehicles bearing No.6741-Model 2007 and No.8759 LRA Model 2008. Upon cursory interrogation, the accused disclosed that the said vehicles were given to them by one Shaheen Shah and Irfan and they after changing the chassis and engine numbers of the vehicles would sell the same to Javed Shah, Masood and Gul Wali. Since the accused failed to produce any valid documents regarding the vehicles, therefore, the police seized the said vehicles under sections 523/550 Cr.P.C. And drafted Murasila on the spot on the basis whereof F.I.R. No.319 was registered under sections 419/420/468/471/ 411/216 P.P.C. At Police Station, Saddar Mardan.
3. After completion of investigation complete challan was submitted in the trial Court against the arrested accused Ubaid Ahmad alias Farhan, Mujahid Shah and Sheraz while proceedings under section 512, Cr.P.C. Were initiated against absconding accused Shaheen Shah, Irfan, Javed, Masood and Gul Wali. On conclusion of trial, the Civil Judge-I/Judicial Magistrate, Mardan vide his judgment/order dated 21-3-2012 not only acquitted the accused facing trial but also acquitted the absconding accused and the vehicle in questions were ordered to be confiscated in favour of the State.
4. Feeling aggrieved from the above judgment/order of the Judicial Magistrate, Mardan dated 21- 3-2012 to the extent of confiscation of the vehicles in question in favour of the State, Ubaid Ahmad alias Farhan petitioner in the instant petition filed Criminal Revision No.90/Cr.R. Of 2012 for the while Abdul Malik petitioner in the connected petition also filed Criminal Revision No.10./Cr.R. Of 2012. Both the Criminal Revision Petitions were heard together and vide single judgment of the learned Additional Sessions Judge-VIII, Mardan, the same were dismissed. Hence the instant two quashment petitions.
5. I have heard the learned counsel for the parties and have gone through the record of the case with their valuable assistance.
6. The stance of the petitioner Ubaid Ahmad alias Farhan in the instant petition is that he and his brother Hamaad Qaiser are owners of the vehicles in question and-they are entitled for the return of the same. So far as the Vehicle bearing No.RIA 6741 is concerned, it is stated to be purchased by Hamaad Qaiser brother of the petitioner Ubaid Ahmad from Gul Said Badshah but it is very strange that the said Hamaad Qaiser has not come forward to claim the ownership of the said vehicle. He has neither applied for the return of the said vehicle in the lower Court nor has come to this Court for the said purpose. So far as the Vehicle bearing No. LEA-8759 is concerned, the petitioner Ubaid Ahmad has miserably failed to provide any valid documents regarding his ownership of the said vehicle in question. Even the Registration Book of the vehicle produced by the petitioner was declared bogus by the ETO Lahore. He has also failed to produce the person from whom he has purchased the said vehicle. Thus he is not entitled for the return of the vehicles in question.
7. The stance of Abdul Malik the petitioner in the connected Quashment Petition No.107-P of 2012 is that he is the owner of the vehicle bearing Registration No.RLE-1218 (now shown as LEA-8759) which was stolen from Gawal Mandi Rawalpindi on 20-3-2010 by unknown accused and to this effect F.I.R.
No.119 has been registered under section 381-A, P.P.C. At Police Station, City Rawalpindi; that after registration of the case F.I.R. No.319 dated 17-4-2010 at Police Station City Mardan and arrest of Ubaid Ahmad alias Farhan and his co-accused, the petitioner Abdul Malik came to the Police Station concerned where he and his son identified the vehicle in question in presence of the witnesses on 19-4-2010. The accused (Ubaid Ahmad and Mujahid Shah) were arrested in case F.I.R.
No 119 and during the trial both of them recorded confessional statements on 24-6-2011 which are annexed with the file as Annexure J & J/1. The petitioner Abdul Malik also produced original Registration Book of the said vehicle in Court (original seen and returned) which clearly shows that the petitioner is the actual owner of the vehicle in question and the same is recorded in his name, therefore, he is entitled for the return of the same.
8. Consequently, the instant Quashment Petition No.99-P of 2012 (Ubaid Ahmad v. The State) is dismissed while the connected Quashment Petition No.107-P of 2012 filed by Abdul Malik petitioner is allowed and it ordered that the vehicle bearing Registration No.RLE-1218 be returned to its lawful owner namely Abdul Malik petitioner.
9. Before parting with this judgment, I must observe here that the local police submitted complete challan in case F.I.R. No.319 dated 17-4-2010, against the three accused namely Ubaid Ahmad alias Farhan, Mujahid Shah and Sheraz and they were put to trial before the court of Mr. Amanullah Khan, then Civil Judge-I/Judicial Magistrate, Mardan while the remaining co-accused namely Shehin Shah, Irfan, Javed, Masood and GuI Wali were proceeded against under section 512, Cr.P.C. And the charge was framed only against the accused facing trial but after the conclusion of the trial, the aforesaid Judicial Magistrate vide his judgment/order dated 21-3-2011 not only acquitted the accused facing trial but also acquitted the absconding accused namely Sheheen Shah, Irfan Javed Shah, Masud and Gul Wali from the charges levelled against them. The relevant person of the judgment is reproduced as under:- "Therefore, I hereby acquit all the accused facing trial along with absconding co-accused namely Shaheoshah, Irfan, Javed Shah, Masud and Gul Wali from the charges levelled against them in the instant case. Accused Ubail Ahmad alias Farhan and Mujahid are in jail, they be set free forthwith if not required in any other case law, while co-accused Sheraz is on bail, his bail bonds stands cancelled and sureties are discharged from their respective liabilities under the bail bond furnished."
' It is very strange enough that under what law the said Judicial Magistrate has acquitted the absconding accused who were not before him. It was incumbent upon him to issue perpetual warrants of arrest against them as they have already been proceeded against under section 512 Cr.P.C. As per order sheet dated 2-3-2011. Copy of this judgment/order be sent to the said Judicial officer through Additional Registrar of this Court.