Law:

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Criminal Procedure Code (V of 1898)-S. 493--- Pakistan Criminal Law Amendment Act (XL of 1958). S. 6(1)-Person conducting prosecution before Court of special judge deemed to be public Prosecutor-Counsel of complainant can only assist such person and cannot have any independent status in that behalf--Counsel of complainant represent interests of own client more vigorously and effectively than Public Prosecutor--Representative of state prosecutes accused and is incharge of prosecution maintaining fair balance between perpetrator of crime and aggrieved party -public if found to be not performing or unable to perform his duty Prosecutor -State, held, could be moved to permit counsel for complainant to conduct prosecution in a particular case, which permission could in suitable cases be allowed.­ Malik Asad Khan v. The State 1969 P Cr. L J 1058 ref. Muhammad Ashraf Falahi, Advocate Supreme Court and M. Z. Khalil, Advocate-on-Record for Petitioner. Ch . Mehdi Khan Mahtab, Advocate-on -Record for Respondents Nos1, 3 and 5. Date of hearing: 30th January, 1984. ORDER NASIM HASAN SHAH, J.-This petition is directed against the order dated 1-7-1983 passed by a learned Single Judge of the Lahore High Court dated 3 in Criminal Miscellaneous Petition No. 458/M of 1983. The facts briefly are that a case entitled "State v. Mumtaz and others' under section 409, P.P.C. is pending in the Court of the Special Judge (central) Lahore. The complainant in that case is the National Bank of Pakistan. After the evidence of certain P. Ws. was recorded by the learned trial Judge, the counsel for the complainant (National Bank of Pakistan) submitted an application under section 540, Cr. P. C: to recall P. Ws. 3, 4 and 5 for re-examination on 6-3-1983. This application was subsequently also signed on 14-3-1983, by the Public Prosecutor. The accused, in the reply submitted by them to this application, opposed the prayer made therein both on the ground that the counsel for the complainant was not competent to move the said application, as well as on the merits. When arguments on this application were heard on 16-4-1983 by the learned trial Judge, the learned counsel for the complainant-Bank did…

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