| Citation(s) |
|---|
| 2015 SLG 2895 2015 SLD 2895 2015 PCRLJ 1566 |
Lahore High Court
Criminal Miscellaneous No. 18-M of 2014, decided on 5th December, 2014.
SIKANDAR ZULQARNAIN SALEEM, J
Muhammad Abbas for Petitioner. Qaiser Mushtaq, ADPP for the State on Courts call.
Criminal Miscellaneous No. 18-M of 2014, decided on 5th December, 2014.
SIKANDAR ZULQARNAIN SALEEM, J
Muhammad Abbas for Petitioner. Qaiser Mushtaq, ADPP for the State on Courts call.
KHIZAR HAYAT
VS
JUDICIAL MAGISTRATE and 2 others
Law:
Section:
Penal Code (XLV of 1860)--- ----S. 489-F---Qanun-e-Shahadat (10 of 1984), Arts.133 & 134---Criminal Procedure Code (V of 1898), S.561-A---Dishonestly issuing a cheque---Right of cross-examination, closing of---Accused avoiding to cross-examination witness---Duty of court---Quashing of order---Cross-examination of witness---Document not part of challan was produced during cross-examination of witness---Admissibility---Statement of complainant was recorded during the trial---Partial cross-examination on the complainant was conducted by defence counsel, while for remaining cross-examination, defence counsel showed his inability, upon which Trial Court closed the right of further cross-examination---Revision petition, filed against order of the Trial Court was accepted with the observation that Trial Court after receiving back the judicial record would fix a date giving one more opportunity to defence counsel to conclude the cross-examination---Validity---Objection that the document which was not part of challan, same could not be exhibited or taken into consideration during cross-examination of witness, was devoid of force, as same was produced by the witness on the asking of defence counsel during cross-examination, and same was exhibited by the Trial Court---No bar existed to produce document, especially, when a particular question was asked by the defence counsel to witness regarding the production of the same before the Police during investigation---Court could not refuse to admit the document which was relevant for the decision of the case---Search of truth was the primary duty imposed upon the court for administration of justice and court could not base its opinion, merely on technicalities---No right was explicitly available to accused to secure legal representation at State expenses in the matters, other than entailing capital punishment---In such like cases, it was the duty of the Trial Court itself to put up a cross-examination on behalf of an un-represented accused, or who himself intentionally avoiding to cross-examine the witness---When defence counsel was constantly, not showing his appearance, it was the obligation of the Trial Court to put…
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