ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

                                                Cr. Rev. Appln. No. D- 39 of 2010.

DATE         ORDER WITH SIGNATURE OF JUDGE

1. For Katcha Peshi

2. For hearing of M.A 773/10.

06.04.2010.

            Mr. Hussain Bux Solangi, Advocate for Applicants.

Mr. Muhammad Iqbal Kalhoro, Additional P.G.

                                                = = = = =

After hearing the matter at length learned Counsel for the Applicants states that the Applicants have been implicated in a totally false case, no recovery whatsoever has been made from them, no medical evidence has been brought on record to show any injury, no registration number of any damaged vehicle has been given in the FIR and no any private witness has been cited.  However, these arguments cannot be considered in the instant application as it is to be decided on the basis of allegation made in the FIR.

Consequently, Counsel for the Applicants states that he would file an application U/s 265-K Cr.P.C before the Trial Court, as the prosecution of the instant crime cannot result conviction and would be an exercise in futility therefore, directions be given to the Trial Court to decide his application within 15 days. Learned Additional Prosecutor General has no objection to such request.  

Consequently, we dispose this Criminal Revision Application with direction to the Trial Court to decide the application U/s 265-K Cr.P.C, if moved on behalf of the Applicants, in the shortest possible period preferably within 15 days.  

                                                                                                JUDGE

                                                            JUDGE