Peshawar High Court Declares Police Seizure of Vehicle under Section 550 CrPC Illegal in Civil Dispute – 2025 PCrLJ 748.
پشاور ہائیکورٹ کا اہم فیصلہ: دیوانی تنازع کی بنیاد پر گاڑی کا قبضہ غیر قانونی قرار
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2025 PCrLJ 748
S. 550 ---Impounding of vehicle---Vehicle neither stolen property nor involved in any criminal case---Vehicle impounded by the Police under S.550, Cr.P.C.Two step-brothers and their real mother were involved in litigation (including civil suit); during its pendency, subject-vehicle was taken into possession (impounded) by the Police under S.550, Cr.P.C.---Whether merely due to litigation the subject vehicle which was neither stolen property nor involved in any criminal case could be impounded under S.550 Cr.P.C7---Held, that every criminal case is required to be seen in the light of its own peculiar facts and circumstances--- In the present case, subject-vehicle was impounded by the Police under S.550, Cr.P.C. whereas, there is no contest on the point that neither the subject vehicle is a stolen property nor involved in any criminal case ---Provision of S.550, Cr.P.C. shows that property can only be seized if it is alleged to have been stolen, or is found under circumstances which create suspicion of the commission of any offence--- In the present case, none of the two pre-requisites exist and the action taken by the Police; reflects highhandedness and abuse of authority--- Question of title of subject vehicle squarely falls within the ambit of Civil Court where civil suit is already pending between the parties--- In absence of pre-requisites. for invoking provision of S.550 Cr.P.C, which is an admitted position in the present case, subject-vehicle could not have been seized under S.550, Cr.P.C---In the present case, proceedings initiated by local police under S.550, Cr.P.C are violative of mandatory provisions, therefore, not legally sustainable Resultantly, proceedings initiated by the Police under S.550, Cr.P.C were quashed---As the main proceedings have since been declared to have been taken without lawful authority, subsequent proceedings, being its offshoot, would be treated alike, and are consequently set-aside---Subject-vehicle shall forthwith be handed over to respondent(step-brother of petitioner) as it was taken into possession from his custody--- Constitutional petition was disposed of accordingly.