Law: Criminal Procedure Code (V of 1898)

Section: 265A,540

Law: Pakistan Penal Code, 1860

Section: 34,302

Criminal Procedure Code (V of 1898)--- ----Ss. 265-A & 540---Penal Code (XLV of 1860), S.302---Examination of witnesses without procuring attendance of Public Prosecutor---Re examination of witnesses---Application for---Main contention of counsel for applicant was that two Doctors had been examined by the Trial Court without procuring attendance of Public Prosecutor .and that the Trial Court had itself acted as Public Prosecutor---Matter being a murder case, presence of the Public Prosecutor was very necessary while recording statements of witnesses and if Public Prosecutor was not available with the Court it was the duty of the Presiding Officer to borrow other Public Prosecutor of Sessions Court, but that had not been done---Assistant Advocate General appearing for the State, had conceded with the contentions raised by the counsel for applicant and had given no objection, if revision was allowed and the Trial Court was directed to summon said Doctors for examination/re-examination---Trial Court had not taken into consideration the ingredients of S.265-A, Cr, P. C. , particularly when it was a murder case---Impugned order was set aside, Trial Court was directed to summon both said Doctors and they would be recalled and. re-examined with the assistance of Public Prosecutor. 1997 PCr.LJ 1553 rel. THIS ORDER PASSED BY: FAIZ MUHAMMAD QURESHI, J.--- Present applicant has preferred this Criminal Revision Application No. 81 of 2000 against the order, dated 10-7-2000 passed by the II-Additional Sessions Judge Karachi South in Sessions Case No. 302 of 1999 under section 302/34, P.P.C. (The State v. Yousuf and others) and his prayed to direct learned trial Judge to recall P.Ws. Doctor namely and respectively (1) Dr. Shahab Junejo and (2) Dr. Irshad for re-examination or allow private witnesses shown in the .application under section 540, Cr.P.C. to give evidence in the aforementioned case. The main contention of Mr. Nawab Mirza advocate, who is representing the applicant in the aforementioned Criminal Revision Application is that the Dr. Shahab Junejo and Dr. Zahid Hussain have been examined by the trial Court without procurnig attendance of the public prosecutor…

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