Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 540---Calling prosecution witnesses for further cross-examination---Scope---Section 540, Cr.P.C., had empowered the Trial Court to call or recall the witness at any stage of trial, if his testimony was considered relevant and necessary to reach at the just conclusion---Power to recall the witness under S.540, Cr.P.C., could not be exercised as a matter of routine, unless grave illegality or irregularity was shown to have been taken place---Trial Court, in the present case, while discussing all the pros and cons, reached at the conclusion that all the witnesses were cross-examined at length by the previous advocate for accused; and no sufficient ground had been shown for re-cross-examination of the witnesses; and the application for calling prosecution witnesses for further cross-examination, had only been made to fill up the lacunas, and to cause delay in trial of the case---Facts and circumstances of the case had revealed that by granting permission to re-cross-examine the witnesses, would amount to putting the witnesses on lengthy trial, and who had already suffered a lot due to murder of wife of the complainant---Application for calling the witnesses for re-cross-examination was dismissed in circumstances. 1992 PCr.LJ 1230 and 2000 PCr.LJ 372 ref. PLJ 2004 SC 642 and 2001 PCr.LJ 370 distinguished. ORDER SYED MUHAMMAD FAROOQ SHAH, J.---Through this criminal revision application, the applicant Ghulam Hyder Mangi, facing trial in S.C. No.55 of 2012 has made a prayer to set aside the impugned order dated 25-9-2013, whereby the learned Sessions Judge, Badin has dismissed the application filed under section 540, Cr.P.C., to recall three prosecution witnesses for further cross-examination, on the ground that some material questions had left by the previous defence counsel/during cross-examination. 2. Perusal of the record transpires that depositions of complainant Muhammad Yaqoob, P.W Sikandar and P.W Attaullah were recorded on 27-2-2013 and 12-3-2013 respectively. It appears that the previous defence counsel who conducted detailed cross, was superseded and the new counsel engaged by the applicant and co-accused has…

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