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EJAZ AHMAD vs State S — 2022 YLR 1742 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 YLR 1742 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
YLR
Parties
EJAZ AHMAD vs State S
Subject matter
Criminal
Provisions referred to
S. 540---P; S. 540

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

EJAZ AHMAD VS State S. 540---Power to summon material witness or examine person present---Expression "already examined"---Scope---Accused assailed order passed by Trial Court whereby it allowed the application filed by the prosecution under S. 540, Cr.P.C. and recalled the witness whose cross-examination was reserved by the accused---Term "already examined" as used in S. 540, Cr.P.C. could be easily construed to mean that a witness stood already examined when the order in which the witness was to be examined i.e. the procedure prescribed in Art. 133 of Qanun-e-Shahadat, 1984, had been followed and the examination of witness had been completed---Essential requirement was that the witness sought to be recalled and re-examined must have been already examined---Trial Court proceeded to allow the application even prior to the conclusion of cross-examination, hence, fell in error---Revision petition was allowed and the impugned order was set aside, in circumstances.

Other judgments reported in 2022 YLR

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