ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDEARBAD

Cr. Rev. Appl. No.131 of 2009

Date               ORDER WITH SIGNATURE OF JUDGE

FOR KATCHA PESHI

09.12.2009

Mr. Mehmood Alam Abbasi Advocate for the applicant.

Shahid Ahmed Shaikh Assistant Prosecutor General Sindh for State.

                   =

     It is contended by the learned counsel for the applicant that the impugned order dated 09.10.2009 has been passed by the trial court without observing legal formalities as provided in section 87 & 88 Cr.P.C as well as section 512 Cr.P.C, as such same is liable to be set-aside.

     Learned State Counsel very frankly concedes the above legal position.

     Since the proceedings u/s 87 & 88 Cr.P.C were not initiated by the trial court properly and without adopting legal requirements as provided in the above sections as well as in section 512 Cr.P.C, the impugned order has been passed in haste and mechanical manner.

     In view of the above, I set-aside the impugned order dated 09.10.2009 and direct the trial court to adopt the legal procedure as stated above.

     This Criminal Revision Application No.S-131 of 2009 is disposed of in above terms.

                                           JUDGE

A.K