1997 P Cr (PLP)

Representation

• Taza Gul Khattak for Petitioner.
• The brief facts larding to this application are that accused was challaned and the case was subsequently transferred from the Court of Judicial Magistrate VIIIth, Karachi-West, to the Court of Sessions Judge, Karachi-West, on 1-3-1994. The diary dated 16-5-1994 shows that the accused was on bail, defence counsel was present, copies were supplied to the accused, which were received by him and marked as Exh.1. On 26-7-1994 charge was framed against the accused. On 8-9-1994 the witnesses were in attendance so also the D.P.P. and the statement of P.W. Ashraf was recorded, but the same was adjourned on the request of the accused as he wanted to engage the Advocate and the cross- examination of the witnesses was reserved. Again, the case was fixed on 5-10-1994. The diary shows that accused came late which was condoned and the defence counsel was called absent. Again a chance was given as the Advocate of the accused was not there. The witnesses, whose cross was reserved, were bound down and the case was adjourned to 27-10-1994. On 27-10-1994 the accused was present. D.P.P. was present, the witnesses were examined and the case was adjourned to 22-11-1994. On 22-11-1994 P.W. Muhammad Afsar was present, who was examined and further examination-in-chief was reserved for want of original entry. On this date, Mr. Muhammad Advocate, filed his power and also moved an application under section 540, Cr.P.C. and the case was adjourned to 13-12-1994. On this date also, the defence counsel was called absent. Statement of P.W. Ikram was recorded so also the statement of P.C. Abid and Mashirnama was produced. Again, on 15-1-1995 the D.P.P. was present, the defence counsel was called absent and some witnesses were examined. Again on 30-1-1995, D.P.P. was present and Dr. Aftab Ahmed was examined when defence counsel appeared according to the diary, and his arguments were heard and the application under section 540, Cr.P.C. was dismissed. On 14-2-1995, the D.P.P. was present, the defence counsel was called absent and the statement of accused was recorded and the case was adjourned to 9-3-1995 for statement of accused on oath. This criminal revision is filed against the order, dated 30-1-1995 passed by the learned Sessions Judge, Karachi-West, with a prayer to set aside the order, dated 30-1-1995 passed by the learned Sessions Judge, Karachi-West.
• I have gone through the record. Throughout the proceedings, as stated above, the accused was represented by the Advocate, but his Advocate had chosen to remain absent even after filing the application under section 540, Cr.P.C. he remained absent and still the trial Court, reserved cross-examination. The learned Advocate failed to cross-examine the witnesses and had chosen to remain absent throughout. Now the case is complete, statement of the accused has already been recorded and at this stage when the learned Sessions Judge is to hear the arguments and pronounce the judgment, it amounts to further linger on with the trial. The accused was afforded ample opportunities to engage an Advocate and cross-examine the witnesses but in spite of this, his Advocate had remained absent throughout and had not cross-examined the witnesses. I am, therefore, of the view that it will be of no use, at this stage, when the case is fixed for the final disposal, to interfere with the order of the learned Sessions Judge, Karachi-West, as he had afforded full opportunity to the accused and his Advocate but they deliberately and intentionally failed to cross-examine the witnesses. I therefore, reject this application in limine.

Headnotes / Summary

Judgment & Decree