Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 540, 439 & 435---Penal Code (XLV of 1860), S.302/34--­Summoning and examining material witnesses---Witnesses who were Police Officials, appeared to be material witnesses as their presence was natural and beyond any reasonable doubt and they had sustained injuries during course of scuffle---Purpose and import of S.540, Cr.P.C. was that Court should examine any person who had any knowledge about case. and controversy therein so as to bring on record all relevant and material facts and to do complete justice after taking into consideration all aspects of case---Police Officials were not only examined under S.161, Cr.P.C. but were also referred to hospital for treatment---Such police officials were persons who had knowledge of material facts about incident and their examination/evidence would be helpful in bringing relevant material on record for consideration and adjudication and to do complete justice in the case---Said witnesses being necessary to be called/summoned as Court ­witnesses in the case, Trial Court was right in calling them to be examined for purpose of recording their evidence---No illegality or irregularity existed in the order passed by Trial Court. ORDER By this application made under sections 435 and 439, Cr.P.C. learned counsel for the applicant has called in question the legality, propriety and correctness of the proceedings, pending in the Court of learned Additional Sessions Judge, Kandhkot in a case bearing Crime No. 102- of 1998, Police Station, Ghouspur for an offence under section 302, P.P.C. The prosecution story as enunciated in the F.I.R. is that on 18-11-1998 at 5-30 p.m. complainant Ghazi Ogahi appeared at Police Station Ghouspur, District Jacobabad alleging inter alia that on 8-11-1998 complainant, his son Muhammad Ramzan and relatives Ali Bux and Abdul Haleem came to Ghouspur Town where at about 2-00 p.m. they received an information that Abdul Rasheed after desecration of Holy Qur'an had run away from the police station. The people from vicinity went in search of the accused Abdul Rasheed Shaikh but they could bot get any clue. It is further alleged that the complainant party…

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