KHADIM HUSSAIN Versus THE STATE

ORDER

1. The impugned order of the learned IInd Additional Sessions Judge, Mirpur Khas is as under:--

2. "The S.H.O., Kot Ghulam Muhammad filed an application, requesting therein that the interim order challan and other papers may be returned to him for submission of challan before the Court of Suppression of Terrorist Activities (S.T.A.) at Hyderabad, as directed by Superintendent of Police, Mirpur Khas to 5.11.0. concerned.

3. The R & P of the above Sessions case duly page Nos. l to 122 which was received by this Court are submitted herewith for action as deemed necessary, in the light of the request of concerned police."

4. Learned State Counsel does not support this order because learned Additional Sessions Judge has acted on request of police without examining case papers as to whether a scheduled offence is made out. Since there is no mention that the scheduled offence was made it was in the competence of the concerned Additional Sessions Judge to refuse the request of police.

5. This order does not reveal that the scheduled offence has been made out and therefore, this order cannot be upheld. This impugned order is therefore, set aside. In case the trial Judge is of the view that the scheduled offence is made out then after hearing the concerned parties, he may make any order in accordance with law. This Criminal Revision Application No. 13 of 1996 stands disposed of.

6. N.H.Q./K-19/K Revision accepted.