Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 540--Object of--Enable Court to arrive at truth--Duty of Court--Technicalities should not stand in the way of a Judge because the basic duty of the Court is ascertain real facts and for this purpose evidence through witnesses is the time honoured technique in the administration of justice. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 265-F(2)--Section 265-F(2) visualizes that the Court shall summon a person likely to be acquainted with the facts of the case and who is able to give evidence for the prosecution--Of course care in this respect has to be taken that there is no vexatious delay or that the application has not moved to defeat the ends of justice or it does not amount of abuse of the process of Court. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 265-F--Evidence for prosecution--Purpose of--Held: Purpose of adding this chapter in the Code was to ensure that a fair trial is conducted--To achieve this purpose equal opportunities have been provide both for the accused as well as the prosecution party to summon witnesses--Accused alone does not enjoy protection and right--Prosecution or complainant should also be provided opportunity to adduce evidence in support of his claim because he is the person who sets the machinery of law into motion--It is he who knocks at the door of justice--Section 265-F is quite comprehensive--Seventh clause of Section 265-F, the accused has also been granted the right to apply for summoning of witnesses or even production of documents--It is imperative that a balance is struck between the parties--summoning of a witness should not stand in the way of administration of justice--Revision accepted and case remanded. THIS JUDGMENT DELIVERED BY: SYED AFZAL HAIDER, JUSTICE---.--- Muhammad Ashraf has, through this Revision Petition challenged order dated 30.05.2009 passed by learned Additional Sessions Judge, Vehari in Hudood Case No. 62/HC of 2006 and Hudood Trial No. 51 of 2006 whereby his application filed under Section 540 of Code of Criminal Procedure was dismissed. 2. Brief facts of the matter are that the petitioner Muhammad Ashraf got registered a Crime Report No.…

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