Recording evidence of complainant and the material witnesses.

 Learned counsel  for the applicant/accused after arguing  the matter   at some length  has requested  that  if the direction  is given  to the learned trial Court to record evidence of complainant  and his material witnesses within a specified time, then he would be  satisfied  and will not press this application.  The perusal  of the case papers  shows that the applicant accused  has not approached the competent Court of law for grant of relief  and has directly  approached this Court.  I am of the opinion that application at this stage  filed  directly before   this  Court,  can not be entertained without first approaching  the competent Court of law.  The request of the learned counsel for withdrawal of the applicant is allowed.   Learned trial Court is directed to record  the evidence  of complainant and his material  witnesses against the accused within three months after receipt of this order without fail.  The applicant  will be  at liberty to seek relief  from the learned trial Court after recording evidence of complainant  and the material  witnesses.

Cr. Misc. Appln.  NO:  92 of 2008.