Law: Criminal Procedure Code (V of 1898)

Section: 540

Law: Pakistan Penal Code, 1860

Section: 34,302

Law: Qanun-e-Shahadat (10 of 1984)

Section: 132,133

Criminal Procedure Code (V of 1898)--- ----S. 540---Qanun-e-Shahadat (10 of 1984), Arts. 132 & 133---Penal Code (XLV of 1860), S. 302---Re-examination of witness before cross-examination---Petitioner was aggrieved of order passed by Trial Court allowing reexamination of witness prior to cross-examination---Validity---Procedure prescribed through S. 540, Cr.P.C. and Arts. 132 & 133 of Qanun-e-Shahadat, 1984 was quite different---Court was empowered under S. 540, Cr.P.C. that while realizing appropriate and necessary, could call and examine a person or re-examine a witness who had already been examined---Mode and order was not provided under S. 540, Cr.P.C. under which examination of a witness should be carried out---Provisions of Art. 132 of Qanun-e-Shahadat, 1984 defined classes of examination and Art. 133 of Qanun-e-Shahadat, 1984 prescribed mode by which examination-in-chief, cross-examination, re-examination and re-cross-examination should be recorded---Trial Court was justified in allowing re-examination of witness but its intention to re-examine witness prior to cross-examination by defence was not as per requirements---High Court directed that firstly, cross-examination of witness be got conducted and thereafter he should be re-examined and if defence wanted to re-cross examine him, same be allowed---Petition was disposed of accordingly. THIS JUDGMENT DELIVERED BY: MUHAMMAD TARIQ ABBASI, J.--- This revision petition calls in question, the order dated 09.09.2017, passed by the learned Additional Sessions Judge, Hassan Abdal, District Attock, whereby while accepting application under section 540, Cr.P.C., moved by the prosecution, re-examination of Dr. Ishtiaq Hussain (PW-6) has been allowed. 2. The learned counsel for the petitioner has argued that act of the learned trial court, for allowing re-examination of the above named witness, prior to cross-examination by the defence i.e. petitioner's party, being against the procedure and law, could not be appreciated, hence may be set aside. 3. The learned counsel appearing on behalf of respondent No. 1 has contended that section 540, Cr.P.C. fully empowers a court to re-examine a witness, hence the…

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