' SYED MUHAMMAD KAZIM RAZA SHAMSI, J.---This criminal revision petition has arisen out of an order dated 25.7.2015 passed by learned Addl. Stssions Judge, Chunian, District Kasur, whereby he while conducting trial in the complaint case refused to grant permission to the petitioner to cross- examine the Investigating Officer.
2. During the examination of PW.8, learned Addl. Sessions, Judge while trying the complaint case has declined the request of the petitioner/complainant to cross-examine PW.8 Liaqat Ali, Sub- Inspector. The stance taken by the court below in this respect that the witness was produced by the complainant as prosecution witness, who cannot be termed as hostile as such he cannot cross-examine the witness. This stance taken by the court below is not based upon correct application of law as laid down by the apex Court in the case of Nur Elahi v. The State (PLD 1966 SC 708). In the reported judgment the majority view was that in ca,se the complaint is also filed along with the State case then the procedure for the court is to take up first the complaint case and to examine prosecution witnesses listed, in the police challan as 'court witnesses'. Needless to say that when the witness is treated as court witness then a right is accrued in both parties to cross- examine him. In the case in hand trial court should have followed this procedure by treating the witness as court witness and to allow the complainant to cross-examine him also. Liaqat Ali, Sub- Inspector in view of this case law is to be treated as court witness and permission should have been granted to the petitioner to cross-examine him. Learned trial court has passed the impugned order in violation of above said case law, therefore; the same is not sustainable in the eyes of law.
3. For the foregoing reasons, the petition in hand is accepted and order dated 25.7.2015 passed by learned Addl. Sessions Judge Chunian, District Kasur is set aside. Learned Court is directed to treat the statement of Liaqat Sub-Inspector as statement made by a court witness and allow the complainant to cross-examine him.