Case Details

Citation(s)
2017 SLG 1520 2017 SLD 1520 2017 PLD 228
Lahore High Court
Criminal Revision No. 1714 of 2016, 18/11/2016
SHAHID HAMEED DAR, JUSTICE

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ALI RAZA

VS

ADDITIONAL SESSIONS JUDGE, SHEIKHUPURA AND 2 OTHERS

Law:

Section:

THIS JUDGMENT DELIVERED BY: SHAHID HAMEED DAR, JUSTICE:---.--- The petitioner is aggrieved of order dated 27.9.2016, whereby his application for obtaining copies of the statements of Mudassar Sharif (complainant) and Mst. Sobia accused has been rejected by the learned trial court (Additional Sessions Judge, Sheikhupura) during his trial in respect of case-F.I.R. No. 1079/14, dated 27.11.2014, under sections 302/34, 109, P.P.C., registered at Police Station B-Division Sheikhupura. 2. At the outset, learned counsel for the petitioner, realizing bizarreness of the prayer as regards statement of Mst. Sobia accused, wishes to withdraw this petition to the said extent. Dismissed, as prayed for. 3. So far as the other part of the petitioner's contention is concerned, it related to statement of the complainant, statedly recorded by the investigating officer on 3.12.2014. 4. Ali Raza (petitioner) is an accused of case-F.I.R. No. 1074/14 (supra), whose trial is pending adjudication before the learned Additional Sessions Judge at Sheikhupura. He thought that the complainant's statement, as recorded by the investigating officer vide case-diary dated 3.12.2014 was crucial to his case, therefore, he moved an application to get a copy thereof, which was dismissed by the learned trial court through the impugned order. Hence, the instant petition. 5. After hearing the learned counsel for the parties and perusing the record, it is observed that the police has the power to examine persons acquainted with the facts and circumstances and not necessarily only those, who had supported the prosecution version. It goes without saying that statements of all persons examined by the police in connection with the case are to be supplied irrespective of the fact, whether they have or have not been cited by the prosecution as witnesses. It is immaterial whether the investigating officer did or did not choose to say that he was recording the statements under section 161 A Cr.P.C. The accused cannot be deprived of the right of having access to statements made by witnesses before the police on the hyper technicality that…
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