1988 P Cr (PLP)
ROSHAN ALI‑‑Applicant Versus THE STATE‑‑Respondent
| Citation | 1988 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | Syed Abdur Rehman, J |
| Parties | ROSHAN ALI‑‑Applicant Versus THE STATE‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑ |
Q1: What are the key laws and sections cited in 1988 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 P Cr (PLP)?
The case was heard and decided by the Karachi bench comprising: Syed Abdur Rehman, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 P Cr (PLP) (ROSHAN ALI‑‑Applicant Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Ashraf Leghari for petitioner.
- Date of hearing : 1st February, 1988.
Headnotes / Summary
‑‑‑S. 540‑‑Examination of witnesses‑‑Further cross‑examination of complainant, request for‑‑Important questions relating to previous enmity, contradictions in deposition and first information report and interestedness of witnesses necessitating further cross‑examination of complainant otherwise defence of accused likely to be seriously hampered‑‑Counsel for State also conceding to the bona fides of request‑‑Complainant directed to be recalled and defence counsel allowed opportunity to cross‑examine complainant. Riaz Ahmad for the state.
Judgment & Decree
Riaz Ahmad for the state. Date of hearing : 1st February, 1988. Mr. Syed Riaz Ahmed, learned counsel for the State is put on Court notice and with his consent the application is being taken up for regular hearing.
2. By this revision application the applicant has prayed that the order of lower Court dismissing his prayer that complainant be recalled for cross‑examination under section 540, Cr.P.C. be set aside and he be allowed to further cross‑examine the complainant.
3. The applicant is facing trial under section 302, P. P. C. before the Sessions Judge, Hyderabad. There were a number of prosecution witnesses which were to be examined. The trial started with the examination of the complainant which was recorded on 9‑10‑1986. By that time the applicant was unable to engage an Advocate and, therefore, Mr. Ahmed Ali Shaikh who was appointed as pauper Advocate conducted the cross‑examination of the complainant. Thereafter, the applicant engaged Mr. Allah Dino Memon (now Mr.. Justice) as a defence counsel for cross‑examining the witnesses. After Mr. Justice Allah Dino Memon was elevated to the Bench Mr. Muhammad Ashraf Leghari took up the brief and has cross‑examined the remaining witnesses. Mr. Leghari has been heard by me. He has stated that he bona fidely feels that further cross‑examination of the complainant is necessary as important questions relating to previous enmity contradictions in the deposition and F.I.R. and interestedness of the witnesses have been left out by the pauper Advocate and, therefore, necessity of recalling the complainant has arisen. If this prayer is not granted the accused's defence will be seriously hampered.
4. Mr. Syed Riaz Ahmed, learned State counsel concedes that the request appears to be bona fide. He however, submits that in this account the trial should not be unnecessarily delayed, as it is a murder case.
5. Under these circumstances I allow the revision application and direct that complainant be recalled under section 540, Cr.P.C. and opportunity be given to the learned defence counsel to cross‑examine him. Mr. Leghari undertakes that in case the complainant is present on 7‑2‑1988 he will cross‑examine him then and there. M.Y.H./R‑46/K Revision accepted.