Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 540--Powers of Court--Held: Powers of the Court u/S. 540 Cr.P.C. are very wide--Court may summon any body as witness even if his statement has already been recorded and the only requirement in this regard is that the evidence of the witness must be essential for the just decision of the case. Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 435 & 439--Criminal Revision--Summon of witnesses--Respondent and PW were eye-witnesses of the occurrence--Their names were mentioned in the calendar of witnesses--They were given up by complainant of the case without their knowledge and the subsequent act of the complainant showed that they were not given up bonafidely--Court had summoned them as witnesses--If their statement was recorded, there was no possibility of any prejudice likely to be caused to the petitioners as they will have ample opportunity to cross-examine them--Revision petition was dismissed. THIS ORDER PASSED BY: MANZOOR AHMAD MALIK, JUSTICE---.--- This revision petition has been filed against the order dated 04.08.2009 passed by the learned Addl. Sessions Judge, Nankana Sahib whereby, the application of Respondent No. 2 filed under Section 540 Cr.P.C. was accepted and Respondent No. 2 along with Muhammad Muslim was allowed to appear as witnesses. 2. Brief facts of the case are that a criminal case i.e. FIR No. 37 dated 05.02.2008 under Sections 302/34 PPC, Police Station Barragarh, District Nankana Sahib was registered regarding the murder of Zulfiqar Ali, father of Respondent No. 2 against the petitioners of the instant petition and others on the complaint of Iftikhar Ahmad, real son of the deceased and real, brother of Respondent No. 2. During the course of the trial, an application was submitted on behalf of said Iftikhar Ahmad mentioning therein that Respondent No. 2 and Muhammad Muslim PW be given up as they have been won over. Said application was duly forwarded by the learned Deputy District Public Prosecutor and was allowed on 04.07.2009. Thereafter, said Iftikhar Ahmad appeared before the Court and resiled from his previous statement and in that situation, an application was filed by the…

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