(My stolen Honda City) recovered after 9 yrs

[uzeemujeeb]

The car in question remains under our ownership.

What If I get the accused arrested for stealing/fraud/forgery?

The MRA clearly mentions that a fraud was committed.

The other party registration was revoked. FIR still remains active and the case is still pending.

We have the arrest warrants for the accused (nephew of the lawyer) who sold this vehicle to the Lawyer according to police report when vehicle was first impounded.

I have also applied for arrest warrants for the lawyer.

The Magistrate order/police/MRA stands in our favor.

Will the session judge court not verify the paperwork (MRA/Police report/Majistrate order) and blindly hand over this illegally obtained vehicle to this lawyer?

What will be this lawyer stance on this petition? This vehicle in question was stolen not sold.

Will the judge still favor the criminal?

everything on paper seems good.

ground reality is different.

you have chased the case as an individual did not involved ACLC Faisalabad Punjab police at any stage. Other then paper pushing they also have (or you did not asked) avoided to guide you correctly see if you can pull correct string now and tackle the matter via police this forum is only reading your version of case.

how did you come to know of your vehicle after 8 years?
did you approached your area ACLC with such information in writing and substantiating evidence?

i can cross question you right here and push to very other limit.

however am not here in any contest showing my bladder size for me it is a learning ground for my automotive hobby only.

[dms664]

One out of the box solution is to arrange for stealing ur own vehicle n bring it to punjab and then get it impounded by police and take custody like a boss. Then the other party should come to ur city, file a case and do what u r doing for ur vehicle right now.
Really I salute your patience and wish you best of luck!

[superdanishanwer]

He has no position to prove his rightful ownership (3rd party buying) and he can't prove that it wasn't a stolen vehicle because of the Active FIR registered before the date of purchase.

It is with great regret to know that the judicial system favors the criminal here in Pakistan. The criminal should not have the right to file multiple appeals.

My advise is to not lose heart and continue fighting the case. You have the right to your vehicle. Ignore pessimistic illegal talk here in this forum. You need to look at the future with a clear plan.

Get the help of a reliable lawyer, ideally of your own baradari with a successful track record of fighting similar cases. Continue to counter all appeals until you get your vehicle.

Although, I hope you win the case but still you should also create a plan B in case the order is not in your favor. Contact the media (Dawn, Sama etc.) to know if they will be willing to highlight the unjust system. Find out if NAB will be able to investigate the matter. Complain about the matter through the citizen's portal. Get in touch with local MPAs to find out if they can help you get justice.

May Allah help you in your case as He is the best of Helpers.

[superdanishanwer]

e and CNIC of the criminal was entered in the FIR.

I came across a resource that I think you would find helpful.

https://www.oecd.org/site/adboecdanti-corruptioninitiative/46816797.pdf
http://www.entrytest.com/legal-questions/56/stolen-property-and-punishment-receiving-stolen-property.aspx

According to the Pakistan Penal Code 413, dishonest retention of the vehicle even when a person knows that a property is stolen is punishable by a prison sentence of up to 3 years and fine. The Mardan lawyer should be imprisoned for retaining possession of the stolen vehicle.

I definitely recommend that you hire another experienced lawyer for defending appeals and counter appeals. The case is strongly in your favor.
The fact that you filed the FIR before the sale of the vehicle is another point in your favor. One PW member had mistakenly bought a stolen vehicle in Sargodha. But the FIR was filed in Lahore before the sale of the vehicle, and the car was confiscated by the police even though he had the original files.

FIR date is earlier then the date of purchase, the seller played very smartly and conned you of money. If you handle it carefully the seller has to refund you the amount, however as per LAW, the recovery of stolen property from your premises /custody means you are equally responsible of crime as the original perpetrator.

But you need to play the cards right. Make a thorough research before hiring a new lawyer and use your judgement.

I have read somewhere that there is a law and then there is the system. You need to play by the system rather than the law in Pakistan. An experienced lawyer will know the best way to play with the system and help you recover the vehicle. He will advise you whether to go file the case in the High Court to recover your vehicle and get the lawyer imprisoned.

I also suggest that you should avoid any negotiation with the lawyer or have any soft sport for the criminals such as the nephew who may have assisted in this case. There should be no mercy for the criminals.

[xenerking]

Also process that NOC from home ministry on the basis of court decision, complete all formalities before hand and defeat this system by giving it its own medicine.

[pwuser148455327996]

Ameen

In all things it is better to hope than to despair.

If he plans on breaking me, I will fight this case to the very end. No settlement or forgiveness and in the end there is at least 7 years prison time for him for dishonestly receiving stolen property, cheating, forgery and using as genuine forged documents.

Thanks again for all the well wishes.

[mumbojumbo]

salam.

I have been reading this thread with interest and my sincere hopes and duas for OP's struggle.

There is no use fighting with a pig....you get dirty and besides...the pig likes it!

My friend the lawyer who has your car is going to make sure the litigation process keeps going because its his backyard where everything is happening. He is representing himself and so court representation has no financial burden on him. He wants to complicate this process so that eventually you get tired of the court drama and then are forced to settle it on his terms out of court. He knows the legal procedures are a strain on your nerves and also finances. May Allah SWT help you in your quest to seek justice.

[mumbojumbo]

It is a clear and manifest fact that you are on the right. The lawyer who has your car is in the wrong but it is quite evident that you are up against someone who lacks moral and ethical values and will go to any extend to extort from you the money he paid to the criminal from whom he bought your stolen car.

I know many here are giving you very valuable pointers when it comes to handling the legal aspects of this matter. InshaAllah justice shall prevail in one way or the other.

I would like to give you a sincere suggestion to recite the posted dua before you plan your next move. I request that you make this dua after every fardh salah and inshaAllah the outcome of this process (whatever it may be) shall be good for your deen duniya and akhirah and you shall be content inshaAllah.

[UAHMAD]

So did you visit someone in Faisalabad Kachehri for legal assistance?

Please do get hold of the appeal. I want to solicit legal opinion on it before your next hearing.

[pwuser148455327996]

Pakistan Penal Code 413, dishonest retention of the vehicle.

Meeting SHO railbazar and trying to obtain NOC from home ministry and getting arrest warrants for the lawyer for dishonest retention of the vehicle even though its already been proven by the FIR/MRA and judicial order that its a stolen vehicle.

The ACLC ASI who was directed to arrest the criminal and impound the vehicle misguided us and told us to get the supurdari cancelled and he assured us that he will be taking care of the rest. Nevertheless, I will now involve the SP office and do whatever it takes to get my vehicle back.

[pwuser148455327996]

Thank you so much!

Not yet. The previous lawyer was not honest with us and he had a soft side for the other lawyer suggested us to settle this matter out of court by purchasing the vehicle.

I will share the copy of the appeal once I receive it.

Is there a way to get a copy of the appeal filed in Mardan in Lahore?

[pwuser148455327996]

Sounds like a bollywood movie scene.

To be honest I'm not a thief neither do I want to be in contact with one and this plan will eventually backfire.

I'm just a regular citizen.

At the moment I am on the right path and the other party is dishonest and wrong

If I initiate this plan what difference will it be between these hardened criminals and myself?

iA I will try to win this case the right away, all this will eventually turn in our favor.

[UAHMAD]

Not possible bro. I have checked with someone. Can only be obtained from Mardan, not even Swat or Peshawar.

[pwuser148455327996]

Thanks for your research.

Very helpful indeed.

I have already obtained arrest warrants for the lawyers nephew.

Now I will obtain arrest warrants for this lawyer under penal code 413.

Demands are very high for Punjab lawyers.

Consulting different lawyers and police for the best approach for now.

[pwuser148455327996]

You are absolutely right!

Will do whatever that is necessary to fight for my right.

I heard that lawyers can get fined for making illegal appeals for wasting the court time.

Can someone please confirm?

[xenerking]

thumbs up! i know u r doing the hard work here, we are trying to share this burden by moral support here, members here with relevant background also giving u best advice, also getting mixed reviews...

May Allah be with u and help u get wat is rightfully urs.

keep all options open n never let the other party know ur next move..

do it to him wat he is planning to do to u! its the corporate policy which always works!

[UAHMAD]

That usually doesn't happen. In High Court and Supreme Court the registrar concerned scrutinizes and returns an appeal/petition with objections to be removed before it gets admitted in the court and case fixed for legal proceedings. In case of severe objections the registrar can reject it altogether.

[capsat]

Post #6 is still valid
Again am really sorry about what you are going through. Your effort & determination is a clear example of a common man suffering judicial disbalance

[pwuser148455327996]

True. I'd rather burn this vehicle rather than these criminals driving it like they actually own it.

Current on ground scenario is that this lawyer has challenged the magistrate order not us. It means that he challenged the government institution (Police and Excise department).

The session judge will review the FIR/Excise order and magistrate order and eventually he will dismiss his appeal. In the meantime we are obtaining NOC and obtaining arrest warrants for this lawyer under penal code 413. The SHO of the concerning police station Faisalabad called CPLC and told the recovery team that the order was from higher up CCPO and If this matter is not resolved at the earliest. The recovery team will get suspended.

Its the police responsibility to recover this vehicle because at the end they are gonna get all the credit for resolving the case. I have done all the police work till now.

I will not fight this case alone now. the Punjab police will be the confronting party. I will only support.

The FIR is from Punjab and this vehicle belongs to Punjab.

[uzeemujeeb]

keep fingers crossed there is protocol to be observed between provincial police procedures good luck sir