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FAZAL ALI vs State Ss — 2022 PCrLJ 1369 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJ 1369 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
PCRLJ
Parties
FAZAL ALI vs State Ss
Subject matter
Criminal
Provisions referred to
S. 173; Criminal Procedure Code (V of 1898)

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

FAZAL ALI VS State Ss. 407, 408 & 34---Criminal Procedure Code (V of 1898), S. 173(8)---Production of USB/DVD as evidence during the deposition of Investigating Officer---Scope---Prosecution produced Investigating officer during trial of the case---Trial Court while recording the deposition of Investigating Officer had sustained the objection of the defence for production of USB/DVD as evidence---Validity---Record revealed that in the present case, after the completion of investigation, interim challan was submitted, thereafter final challan was submitted and later on supplementary challan was submitted by the Investigating Officer but nothing about the USB/DVD had been mentioned in the said three challans and thereafter when the evidence of Investigating Officer was being recorded, the applicant brought the said USB/DVD---No provision of law was available for a witness to directly seek production of additional documents during the course of trial and at the time of recording of his/her evidence---Permitting such production of additional documents directly by the witnesses would prejudice the accused persons by depriving them of a fair opportunity to prepare their defence---Additional documents could be produced by following the procedure of further investigation as contemplated under S. 173(8) of Cr.P.C. and the prosecutor taking a call as to whether such documents needed to be produced in order to prove the charge against the accused---Circumstances established that no ground appeared to interfere in the impugned order as no illegality or irregularity had been committed by the Trial Court while passing the impugned order---Revisional application was dismissed accordingly.

Other judgments reported in 2022 PCRLJ

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