RAJA MUHAMMAD KHURSHID, J.- This petition was filed by Muhammad Nawaz son of Soba Khan against the respondents on the ground that he was owner of truck No. RID-9698 which was parked in the jurisdiction of P.S. Kahuta when the same was taken into possession by respondent No. 2 without any lawful authority. In this context, it was contended that a civil dispute had arisen between Muhammad Nawaz and another and the Province of Punjab in respect of recovery of Rs.
300.000/- towards the cost of the truck bearing registration No. RID-2382. The matter ended in a compromise before the Supreme Court of Pakistan vide the judgment dated 12.12.1985. The compromise was allowed by the Hon'ble Supreme Court of Pakistan with the observation which follows as under:- "As a result, the appeal shall stand disposed of in terms of compromise with the clarification that the settlement arrived at between the appellant and the first respondent is without prejudice to the right of right of third respondent Ghulam Jillain to claim the ownership of the truck and its possession through any appropriate proceedings and nothing contained in the compromise application shall be binding upon him so as to prejudice his claim with regard to ownership of the truck. The amount of Rs. 38,997/- which was invested in Khas Deposit in terms of the order of this Court dated 5.8.1984 with interest already earned thereon, shall be released and paid to the first respondent in terms of clause (c) of the compromise application."
2. It was further contended that Ghulam Jillani aforementioned never pressed his right to claim the ownership of the truck in dispute i.e. RID-2382 till today as he had died approximately nine or ten years back; that at the instance of some of his relatives, the respondents have illegally taken into possession the truck No. RID-9698 belonging to the petitioner which has nothing to do with truck No. RID-238^,belonging to the aforesaid Ghulam Jillani.
3. Notice was issued to the respondents in this writ petition. The SHO appeared in person to state an application was received by the SSP, Rawalpindi (its photo copy be placed on record) from Mst. Gul Jan widow of Ghulam Jillain aforementioned stating therein that the petitioner had maneouvred the transfer of truck No. RID-2382 in his name vide registration book, issued by The Excise Department, after allegedly stealing the same. She prayed that She is the original owner and successor of her deceased husband namely Ghulam Jillain aforesaid. That application was marked to the SHO concerned for investigation. It was found that the engine number and chassis number of the aforesaid truck were changed by the petitioner. A reference was, therefore, made to the Chemical expert, FIA, Islamabad for the verification of engine number and chassis number of truck No. RID-9698 which is claimed to be the ownership of the petitioner with the counter claim of ownership by the aforesaid widow of Ghulam Jillani on the ground that registration number of truck No. RID-2382 was changed after its theft and was being used by The petitioner. The report of the Chemical Expert is shown to me (the photo copy of which be placed on record). It says that there has been tampering with the original engine number and chassis number of the truck which is in possession of the police. The relevant portion of the report runs as under:- "The digit "2" in the lower alignment is stamped inverted and Double Stamping of digit "6" further create doubts about the genuineness of the numbers.
The position is therefore that besides deep filing, to numbers, one full and the other in part are present on the frame which is an indication of deliberate mishandling without there being a clear proof of grivenness of any of to numbers. In the light of the above circumstances the original Chasis number cannot be decidced.
4. It is, thus, obvious that the engine and. Chassis numbers of The truck in question were doubtful and would require further probing.
5. Although an official from the Excise Department appeared to state that there are to different registration books for truck No. RID-2382 and also for truck No. RID-9698. The latter being in the name of Malik Muhammad Nawaz, whereas, the former was in the name of Ghulam Jillani son of Bakush Din. The model regarding the make of -the year of both the trucks was, however, different as the first was manufactured in 1996, whereas, the latter in 1974.
6. In view of the above facts and since a suspicion has been expressed regarding truck No. RID- 9698 and the same has been taken into possession on account of a complaint of the widow of Ghulam Jillani, therefore, the matter cannot be readily settled in the writ petition as an appropriate, efficacious and effective remedy is available to the contesting parties qua the truck in question under Section 516-A read with 523 Cr.P.C. The aggrieved party may, therefore, avail the same. The writ petition is not maintainable without exhausting the aforesaid remedies. It is accordingly dismissed.