NASEEBULLAH vs State Ss — 2021 PLD 127 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 PLD 127 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: PLD
Parties: NASEEBULLAH vs State Ss
Subject matter: Criminal
Provisions referred to: S. 265-F; S. 161; S. 265-C

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

NASEEBULLAH VS State Ss. 265-F & 540---Constitution of Pakistan, Art.199---Constitutional petition---Summoning of witness---Principle---Petitioner/accused was facing trial for causing injuries and damage to person and property of complainant party---Trial Court allowed complainant to produce those persons as prosecution witnesses who were not included in calendar of witnesses---Validity---Mandatory under S.265-F(1), Cr.P.C. upon Court to take all such evidence as was produced in support of prosecution---No restriction was imposed on prosecution to produce evidence of its choice---Court could refuse under S.265-F(2), Cr.P.C. to summon any such witness who was to be called for purpose of vexation of delay or defeating ends of justice---Court had no choice to refuse to examine any witness produced by prosecution in view of S.265-F(1), C.P.C.---All proposed witnesses were figured as eye witnesses in FIR but they were neither cited as witnesses in calendar of witnesses nor their statements were recorded under S.161, Cr.P.C.---Non-availability of statement of a witness who had not recorded its statement could not be considered to be a violation of provision of S.265-C, Cr.P.C.---Law did not place any embargo on examination of a person during course of trial, either in favour of prosecution or accused, who had not recorded his statement under S.161, Cr.P.C.---High Court declined to interfere in the orders passed by Trial Court as well as Lower Appellate Court in exercise of revisional jurisdiction---Constitutional petition was dismissed in circumstances.

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2021 PLD 362 SUPREME-COURTALI HAIDER alias PAPU VS JAMEEL HUSSAIN art. 164---Importance of modern forensic techniques and science under the criminal justice system ex…
2021 PLD 903 SUPREME-COURTMUHAMMAD IMRAN VS State S.497---Post-arrest bail---Offences not falling within the prohibitory clause of S.497(1), Cr.P.C (Non-prohibitory o…
2021 PLD 898 SUPREME-COURTSAJID HUSSAIN alias JOJI VS State Ss. 497, 498 & 161---Constitution of Pakistan, Art. 185(3)---Bail---Belated recording of statement of pros…

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