Law: Criminal Procedure Code (V of 1898)

Section: 540

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

Section: 129(e),132,133,133(3)

THIS ORDER PASSED BY: SARDAR MUHAMMAD SARFRAZ DOGAR, JUSTICE:---.--- Through instant appeal, appellant has challenged the vires of order dated 26.04.2018 passed by learned Judge, Special Court CNS, Lahore, whereby application under Section 540 Cr.P.C. for re-examination of Mujtaba Mehdi (PW-6) has been dismissed. 2. After hearing learned law officer and perusing the record, it has been observed that Mujtaba Mehdi, Inspector appeared as PW-6 during trial of the case, his examination-in-chief was recorded on 06.06.2015 wherein he categorically stated that recovery memo Ex.PB was attested by Muhammad Ehsan/ASI and Mubeen/C, and cross examination was reserved. Then after lapse of about one year on 26.5.2016, an application was moved by the Special Prosecutor for ANF before the learned trial Court for correction of name of aforementioned attesting witnesses, which was allowed vide order dated 03.01.2018; said order was assailed by the respondent before this Court through Crl. Appeal No.153570/2018 titled as "Aashir Nadeem versus The State" which was allowed and order dated 03.01.2018 was set aside vide judgment dated 06.02.2018 by this Court. Relevant portion of the judgment is hereby reproduced as under: - "5. After hearing learned counsel for the appellant, learned DPG and going through the impugned order we have noted that reasons recorded by learned trial court for allowing the request of prosecution were not valid. PW-6 in his statement categorically mentioned the names of recovery witnesses as Muhammad Ehsan/ASI and Muhammad Mubeen/C. It cannot be a typographical mistake due to typing work such as copy and paste. Allowing such an application would definitely prejudice the case of accused person. A benefit coming out from statement of prosecution witness, if any, cannot be simply taken back. Cross examination on the said witness is yet to be recorded; prosecution had also an option to move application for reexamination of the witness as per law. In the above backdrop, in our view, impugned order is not based on sound reason and is liable to be set aside. Consequently, this appeal is allowed, and impugned order is set aside. The trial court may proceed with the…

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