SHAMIM A. TARIQ AND 2 Others vs THE STATE — 1971 PCRLJ 609

Citation: 1971 PCRLJ 609

Court: Lahore High Court

Year: 1970

Decision Date: 1970-04-13

Parties: SHAMIM A. TARIQ AND 2 Others vs THE STATE

Headnotes

Case cited as 1971 PCRLJ 609

Judgment Text

Court Name: Lahore High Court Judge(s): Ataullah Sajjad Title: SHAMIM A. TARIQ AND 2 Others vs THE STATE Case No.: Criminal Revision No. 683 of 1969 Date of Judgment:1970-04-13 Reported As: 1971 PCr. L J 609 Result: Revision allowed Judgment ORDER OF REFERENCE [Case reported by Malik Akhtar Hassan, P. C. S. Addl. Sessions Judge, Multan with his No. 6-7/R of 1969 in Shamim A. Tariq etc. v. The State and Major Muhammad Afzal v. The State arising out of the same order of Surayya Azeem, Magistrate First Class, Multan, whereby she did not permit the accused to produce certain documents pertaining to the bank record and deleted some documents adduced by the prosecution, on the ground that they were not placed on the file or before the police during the investigation. Counsel on either side contended that there was no bar to producing documents at the trial, particularly in the cross--examination of the rival witnesses to whom they had to be suggested for purpose of confrontation. It was emphasized that if such documents were not allowed to be put to them when in the witness-box, subsequently any attempt to prove them will be of little use because the provisions of section 145 of Evidence Act would not have been complied with AIR 1946 Lah. 65 was cited in support of this plea. As to the documents once allowed to be exhibited and then deleted, the contention yeas that under section 252, Cr. P. C. The learned Magistrate was bound to accept all evidence which may have been produced…

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