Citation Name: 2025 PCrLJ 1454 KARACHI-HIGH-COURT-SINDHBookmark this Case Ghulam Mustafa Shaikh vs State Ss

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Citation Name: 2025 PCrLJ 1454 KARACHI-HIGH-COURT-SINDHBookmark this Case Ghulam Mustafa Shaikh VS State Ss. 540 & 561-a---Inherent power of High Court---Scope--- application for discarding previously recorded evidence --- During the trial of a criminal case, on 01.01.2025, applicant got recorded his examination-in-chief, exhibited a sale agreement and Whatsapp chats but during cross-examination on 07.01.2025, it was discovered that the original examination-in-chief including the sale agreement had been removed from the Court file and replaced with a tampered version with the Whatsapp chats incorrectly marked---The applicant had taken pictures of the original examination-in-chief on 01.01.2025, confirming the tampering, and the Court admitted altering the record---applicant filed a transfer application before the High Court, which transferred the case on 11.02.2025 without addressing the tampering allegations---Validity---In the present case, there was no record indicating that the applicant raised any objections or denied any part of the evidence when it was read back to him---Furthermore, the applicant did not submit any application before the Trial Court seeking correction of any portion of the evidence---Upon careful review of the record, it appeared that the applicant's evidence was incompletely recorded---Examination-in-chief was conducted on 01-01-2025 and partial cross-examination was recorded on 07-01-2025---as such, the Trial Court retained the authority to re-examine the applicant under S.540,Cr.P.C., provided he filed an application meeting the conditions outlined in that provision---additionally, the applicant had the option of re-examination, subject to fulfilling the requirements under arts.132(3) and 133(3) of the Qanun-e-Shahadat, 1984---Given the existence of comprehensive legal provisions, such as S.540,Cr.P.C, and arts.152(2) & 133(3) of the Qanun-e-Shahadat, 1984, the present Criminal Miscellaneous application was not maintainable before the High Court under ordinary circumstances---Moreover, the applicant had failed to demonstrate exceptional circumstances that would warrant discarding the previously recorded evidence by invoking the powers under S.561-a, Cr.P.C., in the ongoing proceedings---application was disposed of.

Citation Name: 2025 PCrLJ 1454 KARACHI-HIGH-COURT-SINDHBookmark this Case Ghulam Mustafa Shaikh vs State Ss — 2025 PCrLJ 1454 KARACHI-HIGH-COURT-SINDH

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