2022 Y L R 138
[Federal Shariat Court]
SARDAR AHMED
Versus
ADIL and another
Criminal Procedure Code (V of 1898)---
----Ss.516-A & 517---Order for custody (Superdari) and disposal of property pending trial---Order for disposal of property regarding which offence committed---Applicant, by way of revision application, had impugned order of Trial Court, whereby application filed by one of the accused under S. 517, Cr.P.C., for return of looted property, the subject matter of case, outcome of FIR registered under Ss. 302, 324, P.P.C. and under S.17(4), Offences Against Property (Enforcement of Hudood) Ordinance, 1979 was allowed---Validity---Peculiar facts and circumstances of the case transpired that looted property had been recovered from the house of accused under proper memo of recovery---Acquittal of accused---Claim of accused could not be decided by the criminal court being counter claim as the question of title, if any, should be left to be decided by the ordinary civil court of competent jurisdiction---Keeping in view the peculiar facts and circumstances of the present case, the case property which had already been given to the complainant on superdari under the order of the Trial Court would continue to be held by the complainant subject to proof of either party's title thereto in a civil court of competent jurisdiction---Resultantly, revision petition was disposed of by setting aside impugned order.
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