(1.) Heard learned counsel for the appellant, learned AGA for the State and perused the impugned order as also the papers filed alongwith the appeal.
(2.) Learned AGA has argued that the instant appeal is not maintainable as the impugned order is not an order passed by the trial Court under Section 446 Cr.P.C.
(3.) Per contra, learned counsel for the appellant has submitted that the application of the appellant is under Section 446 (3) Cr.P.C., so the appeal is maintainable.