Law: Criminal Procedure Code (V of 1898)

Section: 540,439

Law: Penal Code (XLV of 1860)

Section: 302/379/396

(a) Criminal Procedure Code (V of 1898)     S. 540 Power to summon material witness Power of Trial Court to summon any person as a Court witness is not contingent upon a request of any party Such power can be exercised if the Trial Court feels that the evidence of such a person is essential to the just decision of the case.   (b) Criminal Procedure Code (V of 1898)     Ss. 540 439 Penal Code (XLV of 1860), Ss.302/379/396 Eye¬witnesses given up by prosecution, summoned by Trial Court as Court¬ witnesses Validity Application submitted by the accused for summoning the given up prosecution witnesses as Court witnesses had been accepted by the Trial Court on the same day without issuing any notice to other party and also without affording any opportunity to any party to address arguments in that regard No reason whatsoever had even been recorded by Trial Court for accepting the said application Trial Court had depicted unholy haste in accepting the application submitted by the accused under S.540, Cr.P.C. ¬Judicial order must be a speaking order manifesting by itself that the Court had applied its mind to the resolution of the issues involved for their proper adjudication Exercise of jurisdiction by the Trial Court in the matter was neither proper nor regular. Impugned order was consequently set aside and the matter was remanded to the Trial Court for deciding the aforesaid application of the accused afresh after affording an opportunity to the parties to address their arguments thereon Revision petition was accepted accordingly.   Mahboob Khan v. The State PLD 1979 Lah. 691; Ghulam Rasul v. The State PLD 1960 (W.P.) Lah. 48; Jafar v. The State 1997 PCr.LJ 87; Khushi Muhammad v. Muhammad Yousaf and 6 others PLD 1961 Lah. 169 and Mollah Ejahar Ali v. Government of East Pakistan and others PLD 1970 SC 173 ref.   Malik Waqar Haider Awan for Petitioner.   Malik Muhammad Saleem for Respondents Nos.2 to 6.   Syed Muhammad Anwarul Haq for the State.   Date of. hearing: 16th May, 2001. JUDGMENT ASIF SAEED KHAN KHOSA, J.The necessary facts giving rise to the present revision petition are that Bashir Hussain…

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