---Ss. 435 & 439--Right to cross-examine--P Petitioner submits that only one opportunity was granted to petitioner by trial Court to cross-examine PWs as right of petitioner to cross-examine said witnesses was closed on same day on which their examination in chief were recorded-1

 PLJ 2023 Cr.C. (Note) 63

Criminal Procedure Code, 1898 (V of 1898)--

----Ss. 435 & 439--Criminal revision--Right to cross-examine--P Petitioner submits that only one opportunity was granted to petitioner by trial Court to cross-examine PWs as right of petitioner to cross-examine said witnesses was closed on same day on which their examination in chief were recorded--He further maintains that only one opportunity may be provided to him to cross-examine witnesses--Deputy Prosecutor General has no objection if this petition is wed with assertion that only one opportunity may be granted to petitioner to cross-examine PW-2 & PW-3--Revision allowed.                                                                                        [Para 3] A

Mr. Muhammad Faisal Bashir Ch., Advocate for Petitioner.

Mr. Hassan Mahmood Khan Tareen, Deputy Prosecutor General (on Court’s call).

Date of hearing: 8.11.2022.

 PLJ 2023 Cr.C. (Note) 63
[Lahore High Court, Multan Bench]
Present: Syed Shahbaz Ali Rizvi, J.
MUHAMMAD AKRAM--Petitioner
versus
STATE etc.--Respondents
Crl. Rev. No. 415 of 2022, decided on 8.11.2022.

Order

Through this Crl. Revision, the petitioner has assailed the order dated 20.10.2022 passed by the learned Addl. Sessions Judge/ GBV Court, Karor Lal Easan whereby the petitioner’s right to cross-examine Mst. Shabana Bibi (PW-2) and Namdar (PW-3) was closed.

2. Arguments heard. Available record perused.

3. Learned counsel for the petitioner submits that only one opportunity was granted to the petitioner by the learned trial Court to cross-examine PW-2 & PW-3 as the right of the petitioner to cross-examine the said witnesses was closed on the same day on which their examination in chief were recorded. He further maintains that only one opportunity may be provided to him to cross-examine the witnesses. Learned Deputy Prosecutor General has no objection if this petition is allowed with the assertion that only one opportunity may be granted to the petitioner to cross-examine PW-2 & PW-3.

4. In view of above, instant Crl. Revision is allowed, the petitioner is granted only one opportunity to cross-examine PW-2 & PW-3 subject to payment of cost of Rs. 5,000/-to each witness and the learned trial Court is directed to record the same after summoning Mst. Shabana Bibi (PW-2) and Namdar (PW-3) for cross-examination on the date whenever the case is fixed after the next date of hearing i.e. 24.11.2022.

(A.A.K.)          Revision allowed