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" PROCEDURE FOR PROCURING EVIDENCE IN CRIMINAL CASES     PROCEDURE FOR PROCURING EVIDENCE IN CRIMINAL CASES   By   Muhammad Masood Asghar, Civil Judge, Gujrat     It is observed as a common practice in magisterial courts that after framing of charge and recording a 'not guilty' plea, prosecution witnesses are summoned by the court on its own motion, in a mechanical manner and without there being an application filed in this regard as required by law. Such a practice is not in conformity with the scheme of law and it not only violates the legislative intent but also breaches valuable right of accused to have a fair and impartial trial. Often it is found that a witness who is summoned by the court on its own, turns hostile to the case of prosecution, which actually is the result of 'suo motu' summoning of witnesses of prosecution. If prosecutor is put to his choice as per the mandate of section 244(2), Cr.P.C., such an undesirable situation may well be avoided.   As per the procedure for trials before Magistrate Court, set out in the Code of Criminal Procedure 1898, Magistrate Court after framing of the charge, if accused does not plead guilty or is not convicted on his confession, is required only to hear the complainant and take all the evidence as may be produced by the prosecution in support of its case. Relevant provision of law in this regard is section 244 of Code of Criminal Procedure 1898 which states as follows:   244. Procedure when no such admission is made.--(1) "If the Magistrate does not convict the accused under the preceding section or if the accused does not make such admission, the magistrate shall proceed to hear the complainant (if any), and take all evidence as may be produced in support of the…