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Hafiz MUHAMMAD ISMAIL vs State S — 2026 PLD 73 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2026 PLD 73 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2026
Reporter
PLD
Parties
Hafiz MUHAMMAD ISMAIL vs State S
Subject matter
Criminal
Provisions referred to
S. 540---Q; 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

Hafiz MUHAMMAD ISMAIL VS State S.540---Qanun-e-Shahadat (10 of 1984), Art.150---Power to recall witness---Scope---Application for recalling witness to declare him hostile and for cross-examination by complainant---Legality---Whether a witness, already examined and cross-examined, could be recalled under S.540, Cr.P.C. for declaring him hostile and permitting cross-examination by the party calling him?---Held: Eye-witness was examined-in-chief by the Prosecutor and was duly cross-examined by the defence---After completion of such examination, application for recalling the witness was moved on the ground that complainant's counsel could not reach the Court in time---Even if complainant's counsel had been present, he would have acted under the direction of the Prosecutor; therefore, absence of complainant's counsel did not vitiate the proceedings---Under Art.150 of the Qanun-e-Shahadat, 1984, a party may, with permission of the Court, cross-examine its own witness only when the witness exhibits hostility or resiles from previous statements---Such permission is to be sought at the stage when the witness is under examination, not after completion of cross-examination by the adverse party---Once cross-examination by the adverse party is concluded, the party calling the witness may only re-examine him to explain matters arising out of cross-examination and cannot thereafter seek to cross-examine him---Power under S.540, Cr.P.C. is to be exercised for just decision of the case and not to fill lacunae or to re-open concluded examination without lawful justification---Application for recalling the witness was rightly dismissed---Petition was dismissed, in limine.

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