Law: Criminal Procedure Code (V of 1898)

Section: 540

Law: Constitution of Pakistan, 1973

Section: 199

Criminal Procedure Code, 1898 (V of 1898)---.--- ---.---S. 540---.---Constitution of Pakistan, 1973, Art. 199---.---Constitutional petition---.---Permission for summoning witnesses and to exhibit documents were not allowed---.---Challenge to---.---Erred in law by not allowing to exhibit documents---.---If such documents will not be able to prove elementary issue of serious fraud committed by accused---.---Validity---.---Trial Court has been given wide discretionary powers to summon all relevant evidence at any stage of trial, necessary to decide controversy---.---If documents desired to be exhibited by petitioner were even remotely found necessary for just conclusion of trial, documents would be allowed to be exhibited---.---Petition was accepted. PLJ 2005 Lah. 563, PLD 2007 Kar. 194, 2012 PCr.LJ 73 Lah. 2002 SCMR 468, 2001 SCMR 308, 2001 YLR 746, PLD 1994 Lah. 93, rel. THIS ORDER PASSED BY: ERUM SAJAD GULL, JUSTICE:---.--- The captioned Constitutional Petition has been preferred on behalf of the petitioner to assail the legality of impugned order dated 26.2.2015 through which the learned Additional District Judge Faisalabad dismissed petitioner's criminal revision against the impugned order dated 1.11.2014, whereby, the Judicial Magistrate Section 30, Samundri, dismissed petitioner's application moved in terms of Section 540, Cr.P.C., soliciting permission for summoning witnesses and to exhibit certain documents. 2. Brief facts of the case are that the petitioner lodged F.I.R. No. 383 dated 18.06.2011, under Sections 420, 467 and 471, PPC, at Police Station City Samundari, District Faisalabad, stating that on 06.01.2000 accused Bilqees Bibi, Syeda Jillani (Respondents No. 5 and 6) and their deceased sister namely Jameela Begum were offered plot No. 80 by CDA Islamabad in the Orchard Scheme Murree Road Islamabad in lieu of their previous allotment. It was further submitted that Mst. Jameela Begum deceased mother of the accused Zafar Iqal, Respondent No. 8, died on 05-05-1999 before the plot was offered. But the accused Zafar Iqbal Respondent No. 8, in connivance with his co accused real aunts Respondents No. 5 and 6 did not disclose the factum of demise of Mst.…

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