Criminal Procedure Code (Cr.P.C) —-Ss.512 & 561-A—Penal Code (XLV of 1860), Ss.302 /324/34—Qanun-e-Shahadat (10 of 1984), Art.47—Petitioner had prayed that the statement of the complainant in a criminal case recorded under S.512, Cr.P.C. be transferred to the file of the sessions Judge as the said complainant had become absconder being involved in a murder case subsequent to the recording of his statement under S.512, Cr. P. C. and there was no likelihood of his appearance before the trial Court—Validity—Said complainant himself was avoiding his appearance before the trial Court and sought to transfer his statement to the file of the trial Court —Unreasonability envisaged by S.512, Cr.P.C. had been created by the witness himself and as such was not entitled to ask the Court for the enforcement of the provisions of S.512, Cr. P. C. adverse to the interest and rights of the accused/respondents—Petition before the High Court had been moved by the father of the complainant—Status of father of complainant was merely of a witness of certain recoveries in the present case; he was neither the complainant nor the prosecutor–Criminal trial or inquiry would be deemed to be a proceeding between the prosecutor and the accused—Present petitioner had got no locus standi to move the petition before the High Court which was based on mala fides, to the disadvantage of the accused and was not for the purpose of advancing the ends of justice—Statement of the complainant recorded under S.512, Cr. P. C. for the purpose of its relevancy and admissibility did -not qualify the test envisaged by proviso to Art. 47 of the Qanun-e-Shahadat, 1984 in that the petitioner not being the public prosecutor was neither a party in the earlier proceedings nor in the present proceedings before the trial Court—Accused had no opportunity to cross-examine the said complainant when his statement was recorded under S.512, Cr. P. C. —Petition under S.561-A, Cr. P. C. before the High Court was destitute of merits and was accordingly dismissed.
|Citation Name : 2003 YLR 919 PESHAWAR-HIGH-COURT-NWFP|
|Side Appellant : AYUB KHAN|
|Side Opponent : THE STATE|