| Citation(s) |
|---|
| 2018 SLG 489 2018 SLD 489 2018 PLD 13 |
Lahore High Court
Criminal Revision No. 25977 of 2017, decision Date : 30-5-2017.
TARIQ SALEEM SHEIKH, JUSTICE
Umar Hayat Bhatti for Petitioner. Ch. Muhammad Imran Raza Chadhar for
Respondent No. 3. Nasir-ud-Din Khan Nayyer for
Respondent No. 6. Malik Azhar Hussain Awan, D.P.G. with Mahmood, A.S.I. for the State.
Criminal Revision No. 25977 of 2017, decision Date : 30-5-2017.
TARIQ SALEEM SHEIKH, JUSTICE
Umar Hayat Bhatti for Petitioner. Ch. Muhammad Imran Raza Chadhar for
Respondent No. 3. Nasir-ud-Din Khan Nayyer for
Respondent No. 6. Malik Azhar Hussain Awan, D.P.G. with Mahmood, A.S.I. for the State.
MUHAMMAD FALAK SHER
VS
THE STATE AND OTHERS
Law:
Section:
Qanun-e-Shahadat (10 of 1984)--- ----Art. 133---Penal Code (XLV of 1860), Ss.302 & 324---Criminal Procedure Code (V of 1898), Ss.200, 439 & 540---Qatl-i-amd and attempt to commit Qatl-i-amd---Re-examination of witness---Stage---Petitioner was complainant whose evidence was recorded by court during proceedings of private complaint---Petitioner filed application for his re-examination but same was dismissed by Trial Court on ground that it was filed at a belated stage---Validity---Court, at any stage of proceedings, on its own or on request of a party could recall a witness for re-examination, if interest of justice so required, to get explanation or for removal of doubt or ambiguity with respect to a fact---Such permission could not be given to any party to fill in lacuna in the case which might cause prejudice to other party---Court could also permit introduction of a new matter in re-examination if that was necessary for just decision of case---Adverse party, in such eventuality, had a right to cross-examine a witness after re-examination--- High Court allowed petitioner to be re-examined and order passed by Trial Court was set aside---Petition was allowed in circumstances. Muhammad Asghar v. Hussain Ahmad and others PLD 2014 SC 89; Rajaram Prasad Yadav v. State of Bihar and another AIR 2013 SC (Cri) 1746; Watir Ullah and others v. The State PLD 1966 Dacca 422; Mst. Sami and 8 others v. Mst. Firdos Begum and 15 others 2002 CLC 1989 and Natasha Singh v. CBI (State) AIR 2013 SC (Cri.) 1564 rel. THIS ORDER PASSED BY: TARIQ SALEEM SHEIKH, JUSTICE:---.--- This Criminal Revision is directed against Order dated 06-05-2017 passed by the learned Additional Sessions Judge, Sangla Hill, whereby the Petitioner's application for his re-examination was dismissed. 2. Brief facts of the case are that the Petitioner got F.I.R. No. 340/2012 dated 02-08-2012 registered at Police Station Saddar, Sangla Hill, District Nankana, against Respondents Nos. 3 to 9 for offences under Sections 302/324/148/149/109, P.P.C. Dissatisfied with the police investigation, he subsequently filed a private complaint which is pending. The Petitioner/Complainant appeared as PW-2 and recorded…
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