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Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Art. 150--Pakistan Penal Code, (XLV of 1860) Ss. 302 & 440--Witness resiled from statement made during investigation--Affected--Discretionary power of Courts--Declaring a witness hostile--Art. 150 gives discretion to the Courts to permit the party calling a witness to put questions to that witness by way of cross-examination that, in is described as declaring a witness hostile--Court may in its discretion permit the person who calls a witness to put any question to him which might be put in cross-examination by adverse party--The party producing the witness in case of cross-examination can contradict the witness by bringing the relevant affidavit on record--Such document cannot be brought on record trial Court committed no illegality and recorded the order in accordance with law as such the petition merits no consideration which is dismissed. Order The above titled revision petition is filed to challenge the legality of the order dated 01-10-2005 passed by District Court of Criminal Jurisdiction, Mirpur, whereby the prosecution was allowed to place on record an affidavit allegedly executed by P.W Abdul Hamid while cross examining its own witness. 2. Brief facts forming background of the revision petition are that the accused petitioner is facing trial under Section 302/440, A.P.C before District Court of Criminal Jurisdiction, Mirpur. During recording of prosecution evidence Abdul Hamid an eye-witness was produced who made statement against prosecution and also against the statement recorded under Section 161, Cr.P.C. The Court allowed prosecution to cross-examine its own witness. During cross-examination an affidavit allegedly executed by the said witness was brought on record on his accepting that same was signed by him, in a question asked by complainant's counsel. An objection on behalf of defence was raised on the ground that document for not being part of challan or Police record could not be brought on record, which was repelled vide impugned order. 3. Ch. Muhammad Azam Khan, learned counsel representing the accused-petitioner, vehemently argued that prosecution cannot use a previous statement of its…

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