Law: Criminal Procedure Code (V of 1898)

Section: 540

Criminal Procedure Code (V of 1898)---S. 540---Application for recalling complainant and prosecution witnesses for further cross-examination was dismissed by Trial Court---Contentions of accused were that State counsel provided to him did not put material questions during cross-examination, therefore, accused was entitled to recall complainant and prosecution witnesses to be cross-examined further by his private counsel, which was subsequently engaged---Validity---Complainant and some prosecution witnesses were cross-examined at length by the State counsel---Admittedly, examination of two prosecution witnesses took place after appointment of private counsel, who also conducted their cross-examination---Case was fixed before Trial Court for recording of statement of the accused---No cogent reason or justification existed to recall the complainant and prosecution witnesses for further cross-examination---Trial Court had committed no illegality or irregularity in dismissing application of the accused---Revision application was dismissed in circumstances. Abdul Raoof v. The State PLD 2001 Lah. 463; Khalil Rahman Ayub and others v. Mrs. Syeda Yasmin Zaidi PLD 2008 Kar. 388; Muhammad Murad Abro v. The State 2004 SCMR 966 and Criminal Revision Application No.8 of 2011 distinguished. ORDER NISAR MUHAMMAD SHAIKH, J.---Through this Criminal Revision, the applicant/accused Deedar has assailed the order dated 25-2-2012, passed by learned IInd Additional Sessions Judge, Larkana whereby he dismissed the application of the applicant under section 540, Cr.P.C. for recalling the complainant and Prosecution Witnesses for their further cross-examination in a case under section 302/34, P.P.C. I have heard learned counsel for the applicant and learned State Counsel as well as the complainant Abdullah in person and also perused the relevant record. The learned counsel for the applicant, relying upon the cases of Abdul Raoof v. The State (PLD 2001 Lahore 463), Khalil Rahman Ayub and others v. Mrs. Syeda Yasmin Zaidi (PLD 2008 Karachi 388), Muhammad Murad Abro v. The State (2004 SCMR 966) and unreported order passed by this Court in Criminal Revision Application No.8 of 2011,…

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