1985 PLP 1913 (SCMR)
KHAIR DIN — Petitioner Versus THE STATE — Respondent
| Citation | 1985 PLP 1913 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Aslam Riaz Hussain and M. S. H. Quraishi, JJ |
| Parties | KHAIR DIN — Petitioner Versus THE STATE — Respondent |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1985 PLP 1913 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1985 PLP 1913 (SCMR)?
The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain and M. S. H. Quraishi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1985 PLP 1913 (SCMR) (KHAIR DIN — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Abdullah Bajwa, Advocate Supreme Court and Ch. Ghulam Mujtaba, Advocate-on-Record for Petitioner.
- Date of hearing: 28th May, 1985.
- Muhammad Abdullah Bajwa, Advocate Supreme Court and Ch. Ghulam Mujtaba, Advocate‑on‑Record for Petitioner.
- Ziaullah Sheikh, Advocate Supreme Court for Complainant.
- S.M. Zubair, Assistant Advocate‑General for the State.
Headnotes / Summary
(Against the order of the Lahore High Court. Lahore, dated 12-12-1984, passed in Criminal Revision No. 86 of 1983).
Art. 185(3)--Criminal trial--High Court's order allowing re-calling of Court witness for further cross-examination, impugned--There being no flaw in said order, Supreme Court declined to interfere--Petition dismissed. Ziaullah Sheikh, Advocate Supreme Court for Complainant. S.M. Zubair, Assistant Advocate-General for the State.
Judgment & Decree
ASLAM RIAZ HUSSAIN, J.‑‑The petitioner seeks leave to appeal against the order of the High Court, dated 12‑12‑1984, dismissing his criminal revision.
2. The facts, briefly, are that on reports made by Mr. M.A. Lone, Khair Din petitioner was facing trial in 5 different criminal cases in the Court of Mr. Sardar Ali Gorsi, Magistrate Section 30, prosecution evidence was recorded in one of these and even the statements of the accused was recorded, when he made a transfer application for transfer of the case: The case has since been transferred to two different Courts and is now pending in the Court of Mr. Muhammad Zawar Ali, Magistrate Section
30. Before each Magistrate the petitioner applied for de novo trial but his applications were dismissed each time. On two occasions he also filed criminal revisions before the Additional Sessions Judge which were dismissed. On the third occasion he filed a criminal revision before the High Court which too was dismissed. A prayer was also made for re‑calling Abdul Aziz C.W. for further cross‑examination. This was, however, allowed by the High Court vide the impugned order.
3. Feeling aggrieved the petitioners have filed the present petition for leave to appeal.
4. We have heard the petitioner's counsel at length and gone through the impugned order. After careful consideration of the matter we feel that there is no flaw in the impugn order of the High Court and does not merit interference by this Court. The petition is, therefore, dismissed. M.I. Petition dismissed.