Law: Criminal Procedure Code (V of 1898)

Section: 265-F

(a) Criminal Procedure Code (V of 1898)--- ----S. 265-F---Evidence of prosecution---Closure of right of cross-examination---Refusal of accused to cross-examine witness---Effect assailed order of Trial Court whereby his right of cross-examination was closed---Examination-in-chief of the witness was recorded but despite repeated calls counsel of the petitioner did not appear before the Trial Court and made request through clerk for adjournment, which was refused and thereafter counsel appeared before the court, insisted for adjournment and refused to cross-examine the witness---Trial Court closed the right of cross-examination as counsel of petitioner was afforded as many as five opportunities for cross-examination---Held; opportunity of cross-examination was not availed by counsel of accused and when a party or his counsel failed to avail the opportunity of cross-examination or refused the same High Court refused to interfere in revisional jurisdiction---Negligence on the part of counsel was binding upon a party which had engaged him/her---Where a party engaged a counsel who lacked sense of responsibility to the court, it was the party who had to suffer and not the other side---Observation of Trial Court that five opportunities were provided to the counsel of petitioner for recording the statement of witness was incorrect---High Court, in the interest of justice, provided only one and final opportunity to the petitioner for cross-examination on the witness---Revision petition was accepted. (b) Bench and Bar--- ----Advocate is officer of the court and court expect him/her to help the court to do justice between the litigant public in accordance with law---Role of advocate is to uphold the dignity and purity of the court---Advocate is duty bound to appear before the court when it takes up the case of accused pending before it and he is not expected to remain absent without informing the court or showing of sufficient or reasonable cause---Advocate was to show respect towards the court and appear in the court with dignity and maintain the respect of Judicial Officer. ORDER RAJA SAJJAD AHMAD KHAN, J.---This revision petition has been addressed against an order…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492