Law: Constitution of Pakistan, 1973

Section: 185(3)

Constitution of Pakistan (1973)--Art. 185(3)--Criminal trial--Petition for leave to appear-Examination of witnesses--Case against accused started on direct complaint--Complainant examined prosecution witnesses and then accused had a right of cross-examination but complainant again requested for recalling prosecution witness on ground that he was to be cross-examined by him in respect of a document ­Prosecution witness was complainant's own witness and if he wanted to cross-examine him, he should have firstly declared him hostile when he gave his evidence in Court for the first time and then sought permission to cross-examine him--Held, it was not open to complainant to request for summoning said witness afterwards in order to cross-examine him--Application of complainant for cross-examination of said witness was filed mala fide with a view to protract proceedings-Leave to appeal refused. M.M.K.A. Zai, Advocate Supreme Court for Petitioner. A. Ghafoor Mangi, AA.-G. Sind and Muzaffar Hassan, Advocate-on­Record for Respondent No. 7. Date of hearing: 8th September, 1988. ORDER ABDUL KADIR SHAIKH, J.--This is a petition for leave to appeal from the judgment of a learned Judge of Sind High Court dated 15-12-1987 dismissing a revision application filed by petitioner which was directed against the order of Special Judge, Anti-Corruption, (Provincial), Karachi dated 23-9-1987 refusing to grant permission to the petitioner to cross-examine a prosecution witness m a direct complaint case filed by him. It is relevant to re-produce the order of the learned Special Judge dated 23-9-1987 which reads as under:-- "Heard the learned counsel for the complainant and the learned counsel for the accused. P.W. Muhammad Ibrahim was examined as prosecution witness by the counsel for the complainant. Under the circumstances, the counsel for the complainant cannot be allowed to cross-examine his own witness. The application appears to be misconceived and the same is accordingly rejected." Learned Judge in the High Court upheld this order in these words:-- "I have considered the contention of the learned counsel. The case against respondents started on a direct complaint which was filed…

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