Law:

Section:

Keywords: Prosecution, Procedure, Evidence, Disposed Of, Precedent, Recording, Custody, Examination, Recording Evidence, Provisions, Cross-Examination, Parties, Prevention, Place, Surety, High Court, Magistrate, Discharge, Delay, Proceedings, Orders, Order, Public Safety, Quashment, Prejudice Result: Reference accepted JUDGMENT These three references have been made by the learned 11 Additional Sessions Judge Larkana. They involve common points of law, hence they would be disposed of by this single order. The main point on which the refe rences have been made is that the order under section 112, Cr. P. C. And the order under section 117 (3), Cr. P. C. Were passed on the same day by the learned S. D. M., Larkana in the proceedings under section 110 initiated by police against the opponents. The order under section 117 (3). Cr. P. C. Was however, passed after recording the evidence of S. H. O. And Police Constable Mohammad Urs of Naudero Police Station on the same day after the order under section 112, Cr. P. C. Was pasted. The opponents were remanded to custody for want of surety. The opponents filed separate revision applications in the Court of Session, Larkana and the learned II Additional Sessions Judge, after hearing the Advocates of the parties, has made three separate references for quashment of the entire proceedings. The main ground urged in the references is that the evidence of two witnesses was recorded on the same day on ONO the orders under sections 112 and 117 (3), Cr. P. C. Were passed hence the opponents were not given a "reasonable opportunity" to cross-examine the witnesses. It may, however, be pointed out that the provisions of section 117, Cr. P. C. Do not lay down that a "reasonable opportunity" to cross-examine the witnesses should be given to the person before an order under subsection (3) of section 117, Cr. P. C. Could be passed against him. Subsection (3) lays down that "pending the completion of the inquiry under subsection (1) the Magistrate, f he considers that immediate measures are necessary for the prevention of a breach of peace -or for public safety, may for reasons to be recorded in writing direct the person in respect of whom…

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