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1989 P Cr. L J 549

MUHAMMAD HANIF and others vs AZIZURRAHMAN and others

Citation1989 P Cr. L J 549
CourtSindh High Court
Case No.Writ Petition No, 690 of 1988
Date1988-07-14
Judge(s)Mamoon Kazi, Nasir Aslam Zahid
ResultWrit petition dismissed

1. ' NASIR ASLAM ZAHID, J.--The petitioners are aggrieved by the order, dated 6-6-1988 passed in Criminal Revision Application No, 15 of 1988 by the learned IIIrd Additional Sessions Judge (East), Karachi, to .The extent that the impugned order did not give a direction to the S.D.M. For handing over the possession of the mini-bus to the petitioners. The petitioners had themselves gone before the S.D.M. For seizure and custody of the bus and against his order the petitioners had filed the said revision application, which was disposed of by order dated 6-6-1988. The impugned order states that the order dated 16-1-1988 of the S.D.M. Had been passed on the statement of respondent No,1 by the S.D.M. Without hearing the aggrieved parties and in the circumstances the order, dated 16-1- 1988 was set aside with a direction to hear all the affected parties and decide the application moved by the petitioners in accordance with the law. Thereafter, it appears that the petitioners moved another application before the S.D.M. For custody of the bus, but the S.D.M. Has passed an order that the bus be kept in police custody. This order, which was passed on 12-6-1988 on the second application of the petitioner, has not been impugned nor any copy of that order, dated 12- 6-1988 has been filed in this petition.

2. ' We are not inclined to interfere in the impugned order, dated 6-6-1988, which directed the S.D.M.

3. To dispose of the application of the petitioners themselves after hearing all the parties including the petitioners. If thereafter any other order has been passed by the S.D.M. And the petitioners are aggrieved by the said order, they have adequate remedy available to them, which can be resorted to.

4. ' In the circumstances, this petition is not maintainable and is dismissed as such.

2. Miscellaneous Application No, 1715 of 1988 has become infructuous.

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