| Citation(s) |
|---|
| 2026 SLG 32 2026 SLD 32 = 2025 LHC 7618 = 2026 YLR 1073 |
Crl. Revision No.150 of 2025.
PRESENT; (SADIQ MAHMUD KHURRAM) JUDGE
07.10.2025. Rana Muhammad Imtiaz Noon, Advocate for the petitioner. Mr. Ghazanfar Ali Khan, Advocate for respondent No.3. Mr. Zafar Iqbal Soomro, Deputy District Public Prosecutor.
Taimoor Malik.
VS
. The State and four others.
Law: Code of Criminal Procedure, 1898
Section: 435 & 439-A, 265-F
Law: Pakistan Penal Code (PPC),1860
Section: 302, 34
Case Summary
The High Court allowed the criminal revision petition filed under sections 435 and 439-A Cr.P.C., setting aside the orders passed by the learned Additional Sessions Judge whereby the right of the complainant in a private complaint to produce prosecution witnesses and documentary evidence was closed.
The Court held that once the examination-in-chief of prosecution witnesses had already been recorded, the trial court had no lawful authority to “close” the complainant’s right to produce those witnesses for cross-examination. The proper course available to the trial court was to compel the attendance of witnesses through statutory coercive measures, not to terminate the complainant’s right altogether.
Similarly, the order closing the complainant’s right to produce documentary evidence was declared illegal, as it was passed without recording reasons required by law, particularly those envisaged under section 265-F Cr.P.C.