Law:

Section:

Evidence--- ----Recording of evidence through attorney---Competence---Applicant had sought recording of his evidence through his attorney under pretext that he being old and infirm was unable to understand the proceedings of the court---Applicant had filed his direct complaint before the Trial Court and thereafter the present revision before High Court in person---Such exercise on the part of applicant, prima facie, indicated that he was not an infirm person to understand the court proceedings---No provision existed in general or special law, which could authorize the courts to record the evidence of the witness/complainant through attorney, in criminal cases---Things, which were not permitted by law, could not be permitted to be done under any pretext; if permitted to be done then those would be unlawful---Trial Court, in circumstances, was right to dismiss the application of the applicant for recording the evidence through his attorney---Impugned order did not call for any interference by High Court. Amanullah Khan v. The State 2011 PCr.LJ 774 and Abdul Hafeez v. Usman Farooqui through his Daughter Sharmila Farooqui and another 2008 PSC (Crl.) 858 distinguished. THIS JUDGMENT DELIVERED BY: IRSHAD ALI SHAH, J.--- The facts in brief necessary for disposal of instant criminal revision application are that the applicant filed a direct complaint before learned trial court under the provisions of illegal Dispossession Act 2005, when it becomes ripe for evidence the applicant filed an application for recording of his evidence through his attorney. It was dismissed by learned trial court, such order of dismissal of his application, the applicant has impugned before this Court, by way of instant criminal revision application. 2. It is contended by the learned counsel for the applicant that the applicant being old and infirm is incapable to understand the proceedings of the courts as such is not in position to record his evidence in person and learned trial court has failed to consider such aspect of the case, without any justification. By doing so, according to him, learned trial court has committed wrong which could be made right by this court, by allowing the…

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