Law:

Section:

(a) Constitution of Pakistan (1973)-Art. 185(3)-Penal Code (XLV of 1860), S. 279/338 - Causing grievous hurt by rash driving-Contentions raised found to have been given due consideration by two Courts below-Allegation of denial of opportunity of cross-examining witnesses found to be untenable on basis of record-Findings of High Court-Held, unexceptionable-Leave to appeal refused. (b) Criminal Procedure Code (V of 1898)- - S. 439-Revision-Observation of High Court that although peti­tioner could not claim as a right to recall all or some witnesses, trial Court might resummon all or any of witnesses for evidence if deemed necessary for disposal of case-Held, sufficient safeguard against any miscarriage of justice.-[Witness]. Mushtaq Ali Tahirkheli, Advocate and Ch. Akhtar Ali, Advocate-on-Record for Petitioner. Nemo for the State. Date of hearing: 27th March, 1984. ORDER S. A. NUSRAT, J.-Criminal Revision Application of the petitioner calling in question the order of the EAC-IV/MIC Abbottabad, dated 10-1-1984 having been dismissed by the Peshawar High Court Circuit Bench, Abbottabad, as per impugned judgment, dated 7-3-1984, this petition for special leave to appeal has been brought to challenge the said judgment. The petitioner was facing trial for offences under section 279/338, P. P. C. before the S. D. M., Abbottabad. The charge in the case having been earlier framed, the case was set down for the recording of the evidence and the prosecution witnesses were summoned for 30-10-1983. On the said date eight prosecution witnesses were present and examined and the rest were summoned for 31-10-1983. An application was made on 31-10-1983 by Mr. Lughmani, learned counsel for petitioner for sumnoning the witnesses already examined in the case for the purpose of cross-­examination. Such request was not granted by the learned trial Court with the observation that the accused had already been given full opportunity of cross-examination. The petitioner on 10-11-1983 moved the Sessions Court for the transfer of the case to any other Court of competent jurisdiction on ground that he bad strong apprehension that he would not receive complete justice from the trial Court. One…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492