| Case ID |
2c3478f7-09ad-467c-8b4f-1bbe1d63ccf0 |
| Body |
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| Case Number |
Criminal Revision Petition No. 28 of 2022 |
| Decision Date |
Dec 15, 2022 |
| Hearing Date |
Dec 12, 2022 |
| Decision |
The Balochistan High Court dismissed the criminal revision petition filed by the petitioner, Samiullah, challenging the trial court's order which denied the summoning of a witness for further cross-examination. The court held that the engagement of a new advocate does not provide sufficient grounds for re-summoning witnesses. The court emphasized that the powers under Section 540 of the Criminal Procedure Code are to be exercised with caution and are not meant to fill gaps left by the parties. The trial court's decision was deemed to be within the scope of the law and no illegality was found in the impugned order. |
| Summary |
This case revolves around a criminal revision petition filed by Samiullah against the decision of the Special Judge Anti-Rape/Session Judge, who dismissed an application for the summoning of a witness for further cross-examination. The petitioner argued that the previous counsel did not adequately cross-examine the witness, Muhammad Sohail. The court analyzed Section 540 of the Criminal Procedure Code, which allows for the summoning and re-examination of witnesses under specific circumstances. It clarified that the engagement of a new lawyer does not justify recalling witnesses for further questioning. The court ultimately upheld the trial court's decision, emphasizing the importance of finality in trials and the necessity of adhering to established legal procedures. The judgment is significant for its interpretation of witness examination protocols within the criminal justice system, ensuring that the justice process is not unnecessarily prolonged. Keywords: Criminal Procedure Code, witness examination, legal procedures, Balochistan High Court, Samiullah case. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
Abdullah Baloch,
Rozi Khan Barrech
|
| Lawyers |
Ghulam Wali Achakzai
|
| Petitioners |
Samiullah
|
| Respondents |
,
SPECIAL JUDGE ANTI RAPE/SESSIONS JUDGE, SARIAB DIVISION
|
| Citations |
2023 PLD 46,
2023 SLD 1863
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
540,
133
|