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K.L.R.1993 Criminal Cases 310

AKBAR ALI GORAYA vs THE STATE

CitationK.L.R.1993 Criminal Cases 310
CourtLahore High Court
Case No.' Cr. Misc No.97-Q-93/BWP
Date1993-02-28
Judge(s)Mian Abdul Khaliq
ResultN/A

ORDER

MIAN ABDUL KHALIQ, J.--A case under sections 279, 337, 427 PPC vide FIR No. 425/92 was registered at Police Station Hasilpur, District Bahawalpur on 11.11.92 on the complaint of one Muhammad Younis with the allegation that the complainant was driving the car and he met with an accident with wagon No. MNQ/3644. The complainant had received injuries and the car owned by Ahmad Hassan Bodla was damaged. The petitioner applied for superdari of the wagon which was given to him by the Magistrate vide its order dated 14.11.1992. Thereafter without notice to the petitioner the superdari of the wagon was cancelled on 21.12.1992 by the Magistrate.

2. The petitioner filed criminal revision which was also dismissed by the learned Additional Sessions Judge on 2.2.1993.

3. I have heard the learned counsel for the parties and perused the record. The Magistrate had cancelled superdari of the wagon on 14.11.1992 without notice to the petitioner which is not warranted under the law. The impugned orders dated 14.11.1992 and 2.2.1993 are set-aside and if the complainant, so advised, can move for cancellation of superdari of the wagon and the same shall be decided with due notice to the parties concerned. With this observation the petition stands disposed of.

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