2010 PLP 892 (MLD)
KASHIF AZEEM — Petitioner Versus Mst. TAHIRA ANJUM and 5 others — Respondents
| Citation | 2010 PLP 892 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | KASHIF AZEEM — Petitioner Versus Mst. TAHIRA ANJUM and 5 others — Respondents |
| Primary Law | Penal Code (XL V of 1860) |
Q1: What are the key laws and sections cited in 2010 PLP 892 (MLD)?
This judgment primarily cites: Penal Code (XL V of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2010 PLP 892 (MLD)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 PLP 892 (MLD) (KASHIF AZEEM — Petitioner Versus Mst. TAHIRA ANJUM and 5 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ishrat Ali Lohar for Petitioner.
- Allah Bachayo Soomro, Addl: Advocate-General Sindh for Respondent No.1.
Headnotes / Summary
S. 395
Constitution of Pakistan (1973), Art.199
Criminal Procedure Code (V of 1898), S.561-A
Car on lease
Consent order was passed to the effect that bank would settle the account with respondent, who would pay the entire lease amount within specified period, failing which she would surrender the car in dispute with Additional Registrar of the court
Proceedings initiated by respondent against the petitioner was devoid of mens rea as definition of S.395, P.P.C. was distinct and was not covered by the act alleged to have been committed by the petitioner, who in discharge of his duties as an employee had taken possession of the car in dispute in presence of the Police
Proceedings culminating from the F.I.R. against the petitioner, were liable to be quashed as continuation of such proceedings would not end in conviction of the petitioner.
Judgment & Decree
By consent the following order is passed. The Bank shall settle the account with respondent No.1 Mst. Tahira, who shall pay the entire lease amount within 15 days from today, failing which she shall surrender the Car bearing No. AMD-759 with the Additional Registrar of this Court. The proceedings initiated by her against the petitioner is devoid of mens rea as definition of section 395, P.P.C. is distinct and is not covered by the act alleged to have been committed by the petitioner who in discharge of his duties as employee of Access World Service Karachi has taken possession of the car in presence of the police. In the given circumstances, the proceedings culminating from F.I.R. No.221 of 2009 of Police Station Cantonment Hyderabad against the petitioner are liable to be quashed as continuance of such proceedings will not end in conviction of the petitioner. We in the given circumstances, at the request of learned counsel for the petitioner convert this petition into Criminal Miscellaneous Application under section 561-A, Cr.P.C. and quash the proceedings culminating from Crime No.221 of 2009 Police Station Cantonment Hyderabad against the petitioner the office to number it accordingly. The complainant of said F.I.R. is also present who has consented to this arrangement. The Bank Offer and the complainant Mst. Tahira shall settle the accounts within a week from today and such report be submitted to Additional Registrar of this Court. In case, the amount is not paid by respondent No.1, the Bank would be at liberty to file complaint against her before the Banking Court and she shall surrender the Car with the Additional Registrar of this Court in the intervening period. The Bank Manager states that mark up of seven instalments will not recovered from the Respondent No.1 /complainant. This Criminal Miscellaneous Application stands disposed of in the above terms. H .B .T./K- 11/K Order accordingly.