Tuesday, 16 August 2016

application U/S 523






 IN  THE  COURT  OF  IST  CIVIL  JUDGE  AND  JM  DADU                        

Misc. Application No.      of 2012
                         
Essa Khan S/o Muhammad Moosa
By caste Chandio R/o Village Ibrahim
Chano, Taluka K.N Shah……...…….…….……Applicant/Owner.
                            V E R S U S
The State……………..……………………………..…..Opponent.
                                    
                     Suspect Report No.02/ 2012
 P.S    Rajo  Dero
U/S    550     Cr.PC.              
                                                          
  APPLICATION  U/S 523 Cr.PC.

                It is respectfully prayed on behalf the applicant/owner above  named that this honorable court  may be pleased to restore the seized Motorcycle Hi-Speed, bearing Registration No.DUD-3612, engine No.RMI477624 and chassis No.SR70-810371 to the above named applicant/owner on the  consideration of following grounds:-

FACTS:-
              Facts of the case are that SHO of PS Rajo Dero submitted report that on 03.04.2012, he alongwith his subordinate staff left PS under entry No.17 and went to village Jaffar Khokhrani to capture absconders and when they were returning to PS and reached near Peer Allahyar, it was about 07:00 hours one person on seeing them in police uniform tried to turn his motorcycle to fled away,  whom the complainant party asked to stop therefore he left his motorcycle on the road and fledaway towards North. The complainant took the motorcycle Hi-Speed, Model 2011 bearing Registration No.DUD-3612, engine No.RMI477624 and chassis No.SR70-810371 into his custody, prepared such memo and brought the property at the PS and submitted report U/S:550 Cr.P.C to this effect.  
GROUNDS:-

1.     That the applicant/owner is real owner of the seized motorcycle and none else is claiming to be the owner.

2.     That the applicant/owner has got all necessary documents of ownership in his favor.  

3.     That the motorcycle is lying at police station without proper care in open sky therefore the same will be damaged and loss its value if the same remains at the police station.

4.     That the applicant/owner undertakes to produce the same before this honorable court, whenever required.

5.     That the motorcycle is not required by police in any other case or investigation.

6.    That the applicant/owner is prepared to furnish required surety to the satisfaction of this Honorable Court.

7.    That other and more points will be argued on hearing of this application with the permission of this honorable court.

8.    That the copy of Registration Certificate of motorcycle in the name of applicant/owner and copy of CNIC of the applicant, are submitted herewith.

9.      That the prayer is made in the interest of justice.

Dadu.
Dated.                                                    
Advocate
                                                         For the applicant/owner











   IN  THE  COURT  OF  IST  CIVIL  JUDGE  AND  JM  DADU                        

Misc. Application No.      of 2012
                         
   Essa Khan ……………………...…….…...……Applicant/Owner.
                            V E R S U S
  The State……………..……………………………….…..Opponent.
                                   
                 Suspect Report No.02/ 2012
 P.S    Rajo  Dero
U/S    550     Cr.PC.   
                                                          AFFIDAVIT        
                      I, Essa Khan S/o Muhammad Moosa By caste Chandio, muslim, adult R/o Village Ibrahim Chano, Taluka K.N Shah, do hereby state on oath as under:-

1.                       That I am applicant in the above matter and know the facts very well.

2.                       That the accompanying application has been drafted and filed by my counsel under my instructions.

3.                       That I am real owner of the seized motorcycle and have got all necessary documents of ownership in my name.

4.                       That whatever stated above is true and correct to the best of knowledge and belief.

Dadu
Dated:                                                                                   Deponent.
                                       I know the deponent

                                          Advocate Dadu

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