Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 540---Power of court to summon material witness---Scope---Section 540, Cr.P.C gave wide powers to the court to examine any witness as a court witness at any stage of the case and in certain cases imposed a duty on the court to summon witnesses who could not otherwise be brought before the court---Where court found that investigation was defective, it could not sit idle and had to exercise all enabling provisions under the law including S.540, Cr.P.C to discern the truth---For purposes of S.540, Cr.P.C, the Court even without any formal application from prosecution or accused, could summon any person as witness or examine any person in attendance as a witness or recall and re-examine any person already examined. Jamatraj Kewalfi Govani v. State of Maharashtra AIR 1968 SC 178; Ansar Mehmood v. Abdul Khaliq 2011 SCMR 713 and Shahbaz Masih v. The State 2007 SCMR 1631 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 540---Power of court to summon material witness---Application under S.540, Cr.P.C, dismissal of---Scope---Court could not summarily dismiss an application for additional evidence in terms of S.540, Cr.P.C by merely holding that either the said witness was not mentioned in the challan or that it was belated or that it might fill up lacunas in the prosecution case, unless the totality of material placed before the court was considered to find out whether examination of the said witness was essential for a just decision of the case. Iddar and others v. Aabida and another AIR 2007 SC 3029 ref. (c) Criminal Procedure Code (V of 1898)--- ----S. 540---Penal Code (XLV of 1860), Ss. 353/109/186---Anti-Terrorism Act (XXVII of 1997), S.7---Pakistan Arms Ordinance (XX of 1965), Ss.13(d)/16/20---Assault or criminal force to deter public servant from discharge of his duty, abetment, obstructing public servant in discharge of public functions, acts of terrorism, possession of illegal weapon, knowingly purchasing arms, etc., from unlicensed persons---Power of court to summon material witness---Scope---Frontier Constabulary and police acting co-jointly allegedly recovered huge quantity of arms and ammunition from…

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