Sunday, 3 May 2020

APPLICATION UNDER SECTION 516-A CR.P.C. FOR HANDING OVER THE CUSTODY OF PISTOL


IN THE COURT OF IV-ADDL: SESSIONS JUDGE, KARACHI EAST.

S.C No.2112/ 2017


Khursheed Khan S/o. Daud Khan,
Muslim, Adult, R/o H.No.R-32,
New Rehman Abad Al Haider Society,
Drig Road, Karachi, East ----------------------------------------------Applicant

VERSUS

The State ----------------------------------------------------------------------Respondent

                                                                   FIR No. 345/ 2017.
                                                                   U/s 324 PPC
                                                                   P.S. Shah Faisal Colony.

 


APPLICATION UNDER SECTION 516-A CR.P.C. FOR HANDING OVER THE CUSTODY OF PISTOL 30 BORE BEARING NO.31106808, LOAD MAGAZINE AND ORIGINAL LICENSE OF PISTOL.

          It is respectfully prayed by the applicant abovenamed that this Hon’ble Court may be pleased to pass an order for custody / possession of the above said Pistol and original license to the applicant on the consideration of following facts and grounds:

FACTS:-
                                               
That the applicant is real owner of the pistol in question and the applicant is also license holder of the same, therefore the applicant is entitle to obtain physical custody of the pistol on the basis of Superdiginma.

Photocopy of Arm License & Arms License Supplementary Document are enclosed herewith and marked as annexure ‘A/1 & A/2’

That now the Pistol is lying at Police Station Shah Faisal Colony, the investigation is completed and the Pistol in question is no further required by this Hon’ble Court. Hence this application on the following grounds:-

GROUNDS

1.           That the applicant being real owner and licensee holder of the Pistol in question, is liable to file this Application in respect of the pistol in question and is able to obtain physical possession of the same from this Hon’ble Court on the basis of Superdiginama.

2.           That the pistol as per prosecution story was recovered from the possession of applicant and the applicant is last possessor of the pistol and he is entitled for its custody as provided in law. The applicant requires the pistol for his security as he had obtained it after completing codal formalities from the concerned department. The applicant has also danger to his life from the persons who have issued threats to him.

3.           That the applicant undertakes to produce the Pistol in question before this Hon’ble Court or any Court of law if so required and ordered by the Court.

4.           That the applicant is law abiding and peace loving citizen of Islamic Republic of Pakistan and he undertakes to cooperate with the investigation agencies.
PRAYER
It is therefore prayed that this Hon’ble Court may be pleased to pass an order of the Custody / possession of the above said Pistol and original license to the applicant on the consideration of foregoing facts and grounds, in the larger interest of justice.

        Prayed accordingly;
                                                                   APPLICANT

Karachi:
Dated:     23-12-2017                       Advocate for the Applicant.


IN THE COURT OF IV-ADDL: SESSIONS JUDGE, KARACHI EAST.

S.C No.2112/ 2017


Khursheed Khan S/o. Daud Khan------------------------------------Applicant
VERSUS
The State ----------------------------------------------------------------------Respondent
                                                                   FIR No.345/ 2017.
                                                                   U/s 324 PPC
                                                                   P.S. Shah Faisal Colony.
.AFFIDAVIT

          I, Khursheed Khan S/o. Daud Khan, Muslim, Adult, R/o Karachi, do hereby state on Oath as under:-

1.                 That I am deponent of this affidavit as well as applicant in the above titled matter, as such am fully conversant with the facts stated herein.

2.                 That I say that the accompanying application U/s 516-A Cr.P.C. has been drafted and filed under my instructions, contents whereof are true and correct to the best of my knowledge and belief and same may be treated as part and parcel of this affidavit.

3.                 That I say that I am owner of PISTOL 30 BORE BEARING NO. 31106808 AND ORIGINAL LICENSE, which is booked in the above titled case and is lying at Police Station Shah Faisal Colony.

4.                 That I say that if and when this Hon’ble Court direct to me, I will produce the said Pistol before this Hon’ble Court.

5.                 That I say that I undertake that I will neither sell out or change the color of the said pistol, till the finalization of the matter.
6.                 That whatever stated above is true and correct to the best of my knowledge and belief.
Karachi:
Dated:       23-12-2017                                                   DEPONENT

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