Law: Criminal Procedure Code (V of 1898)

Section: 540

Law: Qanun-e-Shahadat (10 of 1984)

Section: 133

(a) Criminal Procedure Code (V of 1898)--- ---S. 540---Examination of material witness--- Scope--- Petitioner sought examination of Incharge Malkhana and the official who took the case property to Chemical Examiner, which application was dismissed by the Trial Court---Validity---Claim of prosecution was that case property after the alleged incident was initially kept at Malkhana of the police station and then it was sent to the Chemical Examiner for its analysis, therefore, witnesses sought to be examined by the prosecution appeared to be material in order to arrive at proper decision of the case---Technicalities were to be avoided by the court while dispensing justice to arrive at right conclusion---Trial Court ought not to have dismissed the application of the prosecution under S. 540, Cr.P.C. to summon and examine its witnesses---High Court directed the Trial Court to summon and examine the said witnesses---Revision application was allowed. Ikramullah and others v. The State 2015 SCMR 1002; Mukhtar Ali and 3 others v. The State 2000 PCr.LJ 372 and Jamatraj Kewalfi Govani v. State of Maharashtra AIR 1968 SC 178 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 540---Examination of material witness---Scope---Section 540, Cr.P.C. consists of two parts, one gives discretionary powers to the court and the other imposes an obligation on it---Said section gives wide powers to the court to examine any person as a witness at any stage of trial and imposes a duty on the court to summon any person as a witness, who otherwise could not be brought before the court. THIS ORDER PASSED BY: ABDUL MAALIK GADDI, J.--- Through the instant Criminal Revision Application, the applicant / complainant, represented by Special Prosecutor ANF, has assailed the legality and propriety of the order dated 04.07.2018 passed by the learned Sessions Judge / Special Judge, CNS, Hyderabad, in Special Case No.33 of 2014, arising out of FIR No.06 of 2014 of Police Station ANF Hyderabad, whereby the learned Presiding Officer of the said Court dismissed the application filed by the State/ANF under Section 540, Cr.P.C. read with Article 133 of Qanun-e-Shahadat Order, 1984. 2. Briefly, the facts…

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