' The brief facts of the case as mentioned in the writ petition are that Imran Khurshid, the petitioner is an exclusive owner of Car Toyota Mark-II Model 1975, No,RIF 4715. It was given on monthly rent to Tahir, respondent No,3 in September, 1992. The monthly rent was fixed at the rate of Rs,3,000.
Respondent No,3 has been paying rent till February, 1993 and thereafter, he disappeared with the car. He was searched about but the petitioner failed to ascertain his whereabouts. He, thus, reported the matter to the police vide Rapt No,6, dated 9-9-1994 at Police Station Cantt., Rawalpindi, copy whereof is placed on record.
2. Respondent No,3 through his father handed over car to respondent No,2 (Hameed Ahmad) as security to repay Rs,50,000 which he received as loan. The car was given on 6-8-1990 and to that effect there is receipt on record from Metro Property Centre (Regd.), Rawalpindi.
3. According to the learned counsel for the petitioner, the car in question is stolen property. Theft was committed by Tahir Jamil. In the circumstances, it was mandatory for the police to register the case in pursuance of section 154, Cr.P.C. But surprisingly respondent No,1 failed to do so. He further submits that an application was also submitted before the D.I.-G., Police Rawalpindi. Specific note was also written by the D.I.-G. On the said application. In addition to that an application was also submitted to S.S.P., Rawalpindi with the prayer that direction be given to S.H.O. To register the case.
The S.S.P., Rawalpindi forwarded the application with the remarks "for immediate necessary/legal action and report facts in 5 days dated 19-12-1994". He maintains that in spite of these efforts the police has not so far registered the case.
4. Learned counsel for the petitioner also pointed that the car was taken into custody by the police under section 550, Cr.P.C. It was delivered to the petitioner on Superdari. But later on it was cancelled by the learned Sessions Judge simply on the ground that no case had been registered against any one. Thus, the possession of the car was delivered to the person from whom it was taken. Lastly, he contends that the car is being used by the person who is not entitled to own it and as such causing heavy loss to the petitioner by using the car.
5. Notice was given on the aforesaid facts to the S.S.P., Rawalpindi and the others with the direction to submit report and parawise comments. The comments have been received and placed on record.
6. One Hameed Ahmad appeared before the Court claiming to be the owner of the car and he admits that the car is in his possession. His counsel prays that the car has been purchased with bona fide intention for quite heavy consideration, as such its possession may be allowed to remain with Hameed Ahmad.
7. I have heard the learned counsel for the parties and perused the record.
' During arguments registration book of the car was produced before the Court. I perused that in which name of Hameed Ahmad was not mentioned. Photostat copy of an open transfer letter has been placed on record by the respondents' side showing signature thereon but not transferred the vehicle to any one, whereas in the registration book Imran Khurshid is recorded as owner of the car.
From the contents of the writ petition, it is evident that respondent No,3 has been paying rent at the rate of Rs,3,000 per month with effect from September, 1992 till February, 1993. Thereafter, the car was misplaced or as alleged theft was committed. The car has gone to many hands thereafter and may be after having some amount by every transferee. Straightaway taking car from once possession and delivering to the other, in the given circumstances, may not be in the interest of justice. However, keeping in view the allegation that the car is being misused, it is appropriate at this stage that the car shall be taken into possession by the police till the legal remedy in this regard is availed by any of the claimant. From the facts and circumstances of the case, it is also evident that cognizable offence has been made out. Thus, the police is directed to register the case against the offenders and complete the investigation as soon as possible. Meanwhile, the Inspector/S.H.O., Police Station Civil Lines, Rawalpindi is directed to take the possession of the Car No,RIF 4715 from the persons by whom it is being used and kept it in safe custody till the order is brought by any one regarding its delivery of possession from the competent Court.
8. For the aforesaid reasons, the police of Police Station Civil Lines, Rawalpindi is directed to do the needful with regard to the possession of the car. At this juncture the learned counsel for Hameed Ahmad has made commitment before the Court that the car shall be delivered to the police of Police Station Civil Lines by evening.
9. In view of the above, writ petition is accepted and registration of the case is ordered accordingly with the aforesaid observations.