Law:

Section:

This is a revision petition by Phali Gul, complainant/petitioner against the order of the learned Sessions Judge, Nowshera, dated 21-2-1994 whereby the examination of a police officer, who had only arrested the accused had been dispensed with upon the application of the defence counsel admitting the said arrest.   It appears that Nasirul Mulk Bangash, the then S.H.O., Police Station, Nowshera Kalan, had only affected the arrest of Shamsul Arifin accused respondent in a case registered against him under section 302/34, P.P.C. vide F.I.R. No.469 dated 25-3-1992. The trial was being delayed due to non appearance of the aforesaid police officer. Looking to the likelihood of the conclusion of the trial being further delayed due to the failure of the aforesaid police officer to appear in the Court, the learned defence counsel put in an application admitting therein the factum of arrest of the accused-respondent by the said officer. Thereupon, the learned Sessions Judge, who was seized of the trial, while acceding to the prayer of the accused-respondent, dispensed with the attendance of the said police officer and adjourned the case for the examination of the accused under section 342, Cr.P.C.   Mian Muhammad Murad Kakakhel, learned counsel for the complainant/petitioner, assailed the aforesaid order of dispensing with the appearance of the police officer and contended that the learned Sessions Judge had committed a serious illegality in abandoning Nasirul Mulk, S.H.O. who hall to depose to the factum of arrest of the accused-respondent, for, it was the duty of the prosecution to abandon a prosecution witness and that a Court conducting the trial of an accused was not legally competent to do it despite an objection by the counsel for the complainant and the Public Prosecutor to have resort to this course of action.   The complainant/petitioner has not fully documented the petition particularly the photo copies of the order-sheets and that of the application filed by the defence counsel conceding therein the arrest of the accused respondent by the said police officer and praying for dispensing with his statement in the Court. This omission per se was…