ORDER SHEET

 IN THE HIGH COURT OF SINDH, CIRCUIT COURT,

HYDERABAD.

 

                                                C.P.No.D-787 of 2009.

                                               

DATE         ORDER WITH SIGNATURE OF JUDGE

 

1.         FOR ORDER ON OFFICE OBJECTIONS.

2.         FOR KATCHA PESHI.

 

23.12.2009.

 

Mr. Ishrat Ali Lohar,  Advocate for the Petitioner.

Mr. Allah Bachayo Soomro Additional Advocate General Sindh,

Respondent No.1 Mrs. Tahira Anjum present in person.

Vakalatnama has been filed by Mr. Haji Khan Hingoro on behalf of Manager, Collection UBL Gul Centre Hyderabad,

Mr. Mahboob Illahi Saham has filed vakalatnama on behalf of Mr. Waqar Alam Proprietor Access World Service Karachi.

 

==

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 mensrea as defination of section 395 PPC 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 P.S. 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 Misc. Application u/s 561-A Cr.P.C and quash the proceedings culminating from Crime No.221/2009 P.S. 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 installments will not recovered from the Respondent No.1/complainant.

This Cr.Misc. Application stands disposed of in the above terms.

 

                                                                                                JUDGE

                       

                                                                        JUDGE