516-CrPC Superdari

 

IN THE COURT OF IVth JUDICIAL MAGISTRATE MALIR KARACHI

                            Criminal Misc:App.No.                 of 2021.   FIR, U/S, P/S

 ABC                                                              ------- Applicant/owner.

                                        Vs

DEF                                                               ------------     Opponent.

                                                                                                                        

 APPLICATION UNDER SECTION 516-A CR .P.C.

 

                It is respectfully prayed by the undersigned applicant last possessor that this Honourable court may kindly be pleased to return/restore Car Suzuki Mehran  bearing registration No: BHZ 208 ,Engine No:678819, Chasis No:SB308PK01217232  , model 2017, to the applicant/owner, during pending trial of case, on the consideration of following grounds:-

 

G R O U N D S

 

1.     That applicant was doing his duty diligently, regularly and with utmost punctuality and sincerity with full devotion in accordance with the well-settled provisions of the law.

 

2.     That after getting charge as Sales Officer applicant’s work was to only receive order from market and same was place in defendant’s concerned department and defendant’s management is pleased to announce an award to all those staff members who have complete 10 years services with opponent  and applicant was one of them. It is submitted that on 28^th September, 2010 vide Ref-TPF/HR/099/10 issued 10 year service award letter to the applicant.

(Copy of letter dated 28-09-2010 and list annexed herewith A/1 and A/2)

 

3.     That due to the hard work and outstanding performance and significant contribution applicant an achieving exceptional results and opponent’s company had awarded him as Sales Excellence in the year 2016  and in the year 2018 and above mention car was given as per company policy conveyance car Region allowance, all allowance maintenance have bear by the applicant from Suzuki showroom baloch colony and application which has been filed by the opponent is not maintainable under civil dispute.

(Copy sale Excellence award-2016 and 2018 and salary slip annexed herewith A/3, A/4 and A/5)

 

4.     That on the basis of annual performance year-2018, despite challenges externally and internally, resulting focus on operational efficiencies of applicant the Head of Human Resources of opponent has increased monthly remuneration of applicant with effect from Jan 01^st 2019 i-e PKRs.102,003/- vide letter  Ref:TPF/HR/10236/19 dated  26^th March 2019.

(Copy of letter dated 26-03-2019 annexed herewith A/6)

5.     That the applicant last possessor  the above mentioned car and same was given on the basis of conveyance car Region Hence and nobody can claim to be his property except the applicant.

6.     That the police has seized the alleged vehicle of the applicant on lost possession with malafide intention and ulterior motives.

7.     That the police has managed a false story and seized the alleged car of the applicant with malafide intention and ulterior motives.

8.     That the car is lying at Police Station Sukan without any proper shed rather in open sky.

9.     That the vehicle in question needs proper care and maintenance, which is not possible at Police Station.

10.         That if the car remains more at Police station, it will lose maintenance and decay its value to nil.

11.         That the applicant undertakes that he will produce the Car as and when required by this Honourable court.

12.         That the applicant is prepared to furnish reasonable surety to the satisfaction of this Honourable court.

13.         That the prayer is made in the interest of justice may be please hand over the above mention car to the applicant.

 

 

Dadu.                                                                

Dated:      .      .2021                                    Advocate For   Applicant