Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 540, 561-A & 435---Application for recalling a witness---Sessions Judge dismissed accused's application for recalling of two witnesses---Accused contended that said prosecution witnesses were not properly cross-examined by his counsel---Validity---Power to recall a witness under S.540, Cr.P.C., could not be exercised as a matter of routine unless grave illegality or irregularity was shown to have taken place---Calling the record of subordinate courts under S.435, Cr.P.C. would not serve the purpose of cross-examination of witnesses---Inherent powers could be exercised under S.561-A; Cr.P.C. in the instance of grave injustice---Application was made, prima facie, to fill the lacunas and delay the case---Application, being meritless, was dismissed. Altaf Hussain Shamim v. The State PLD 1992 Kar. 91 and Muhammad Iqbal Khetana v. The State 1992 MLD 930 distinguished. Liaquat Ali alias Foji v. The State 2009 MLD 980 ref. ORDER SALMAN HAMID, J.---Present application has been moved by the advocate for the applicant under sections 435, 439 read with section 561-A, Cr.P.C. against the impugned order, dated 27-4-2010, passed by the learned Sessions Judge, Jacobabad, under section 405, Cr.P.C. declining the application of the applicant for recalling of two witnesses i.e., the medical officer, namely, Dr. Abdul Karim and the Investigating Officer, namely, A.S.-I. Bashir Ahmed Magsi, for cross-examination, on the grounds that such two witnesses were not properly cross-examined by the counsel appearing for the applicant at the relevant time before the trial Court. It may be stated that while exercising power under section 540, Cr.P.C., the learned Sessions Judge has given his findings after application of mind that summoning of two witnesses was not necessary inasmuch as that at the time of cross-examination of the two prosecution witnesses, no one prevented the learned counsel for the applicant/accused for extensive cross-examination and that when the case is at the brink of disposal, recalling of the witnesses without showing any sufficient reason or cause would defeat the early disposal of the case. The discretion, which…

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