1. ' Applicant abovenamed, being aggrieved by order, dated 17th December, 1981 the learned Sessions Judge Dadu, by which applicant's application under section 517, Cr. P. C. For restoration of his gun and licence was rejected, has filed the above petition on the following facts and grounds :- ' The facts leading up to this application in brief are that the applicant, two of his brothers namely Imam Ali and Hairo and one of their close relative Dato were involved by their close relatives Muhammad Sadiq son of Faiz Muhammad, his mother and brothers in an injury case and since the applicant has got a licensed gun for protection of his sheep and cattle and other property hence the applicant was shown to have caused simple gunshot injuries with his gun. However, the parties being very close relatives compounded their differences for the future good relations and cohesion of the family. Before the trial could proceed the learned District Public Prosecution filed an application under section 494, Cr. P. C. For permission to withdraw case in interests of justice and good neighbourly relations. The Hon'ble Sessions Judge was also pleased to grant the application by allowing the withdrawal and discharging the applicant and other accused.
2. ' On the withdrawal of case in question, applicant moved application unde-r section 517, Cr. P. C.
3. For restoration of his gun and licence, but the learned Sessions Judge, Dadu, rejected the said application vide impugned order, dated 17th December, 1981 and hence applicant has filed the above petition, on the grounds mention in the memo. Of petition.
4. ' The learned Advocate for the applicant in support of the above petition submitted as under
(a) That applicant was falsely involved in the case in question.
(b) That applicant being acquitted on account of withdrawal of case under section 494, Cr. P. C. Is entitled to get back his licensed gun as well as his licence, as no evidence was brought on record to prove, that applicant's gun was used in the alleged incident and as such the ' learned Sessions Judge, Dadu had no legal authority under any law to forfeit applicants gun as well as licence.
5. ' In support of his above contentions, the learned counsel relied upon case reported in PLD 1982 Kar.
6. 469.
7. ' Learned Advocate appearing for the State at the outset submitted that he was supporting the above petition, in view of case reported in PLD 1982 Kar. 469, as no evidence was led before the learned trial Court to prove, that gun in question was actually used in the commission of alleged offence.
8. ' I have carefully considered the above submissions made by the learned counsels before me and have gone through the restoration application under section 494, Cr. P. C. And orders passed thereon, on 22nd October, 1981 as well as through applicant's application under section 517, Cr. P. C.
9. And impugned orders, dated 17th December, 1981 and case cited by learned Advocate for the applicant.
10. It is admitted position that no evidence was led in the case in question and prosecution moved application under section 494, Cr. P. C. For withdrawal of the case, which was allowed and applicant and other co-accused persons were discharged, as no charge was even framed against applicant and other co-accused persons. In view of this allegations contained in F. I. R., which is not substantive piece of evidence cannot be made basis for holding, that the gun in question was in fact used in the incident in question and be treated as instrument used in commission of alleged offence. In view of this learned trial Court had no legal justification to forfeit the said gun and licence of the applicant and sought to have granted applicant's application under section 517, Cr.
11. P. C. Case reported in PLD 1982 Kar. 469 fully supports my this conclusion.
12. ' Therefore, I allow the above petition and set aside impugned order, dated 17th December, 1981 of the learned Sessions Judge, Dadu passed on applicant's application under section 517, Cr. P. C. And grant the said application and direct the District Magistrate, Dadu, under section 517(2), Cr. P. C. To deliver the gun in question and applicant's licence to the applicant forthwith.