Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 540---Material witness, summoning of---Scope---Application moved by accused for summoning defence witnesses as court witnesses, was dismissed by Trial Court---Validity--- Record showed that, evidence of one prosecution witness, out of seventeen witnesses, was recorded---Meanwhile, petitioner-accused moved application under S.540, Cr.P.C. for summoning defence witnesses as court witnesses, which was dismissed by the Trial Court---Procedure was manifest that accused would be asked to produce his evidence after conclusion of prosecution evidence---Application moved under S.540, Cr.P.C. for summoning court witnesses could not be allowed, and if petitioner-accused wanted defence witnesses to be summoned, he had to wait till conclusion of prosecution evidence---Petitioner-accused moved the application under S.540, Cr.P.C., for summoning defence witnesses as court witnesses at premature stage---Remedy was available to accused to substantiate his version or produce the defence witnesses by leading defence evidence, which stage was still to come, after recording prosecution evidence---Trial Court had recorded impugned order in a proper and legal manner, which did not warrant any interference---Revision petition was dismissed in circumstances. Muhammad Yaseen alias Mithoo and another v. State 2010 PCr.LJ 1253 and Ansar Mahmood v. Abdul Khaliq and another 2011 SCMR 713 ref. Malik Naseer v. Wishno Mal and another 2014 PCr.LJ 1496 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 540---Summoning of witness---Scope---Law empowered the court to summon and examine any person as a witness at any stage of trial or inquiry under the said section---Such wide jurisdiction had been limited by the legislature with a deliberate use of phrase "if his evidence appears to it essential to the just decision of the case". Shah Zain Bugti's case PLD 2013 SC 160 rel. THIS ORDER PASSED BY: M. TABASSUM AFTAB ALVI, C.J.- The captioned revision petition has been directed against the impugned order of Additional District Court of Criminal Jurisdiction, Muzaffarabad, dated 16th October, 2017, whereby, an application moved under section 540,…

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