Law: Criminal Procedure Code (V of 1898)

Section: 72,90,9192,93

Criminal Procedure Code (V of 1898)--- ----Ss. 72, 90, 91 92 & 93---Service on servant of State, statutory body or company---Procedure---Issuance of warrant in lieu of, or in addition to summons---Closure of evidence of prosecution witnesses without issuance of summons---Scope---Petitioner assailed order of Trial Court whereby it closed evidence of two prosecution witnesses who were government servants---Plea of petitioner was that Trial Court had closed their evidence without adopting the procedure provided by Cr.P.C. for summoning government servants---Validity---Proper course for summoning a government servant was to serve the process through respective officer to whom he was subordinate---Court could not burden the prosecution with the duty to produce government servant for recording of his evidence---Such practice was a deviation from the procedure provided by law because the courts had the power to utilize coercive measures and ensure the attendance of prosecution witnesses---Sections 90 to 93, Cr.P.C. provided procedure for summoning of government servants and the courts were empowered to use coercive measures to summon the witnesses---Revision petition was accepted and order of Trial Court was set aside. State v. Bagh Hussain and another 1980 PCr.LJ 86; Akhtar Ali and others v. Additional Sessions Judge and others 1990 PCr.LJ 925 and State through Advocate-General N.-W.F.P. v. Nawab Khan 1989 PCr.LJ 1659 fol. THIS ORDER PASSED BY: RAZA ALI KHAN, JUSTICE:---.--- This revision petition has been filed against the order dated 21.02.2018, passed by the learned Tehsil Court of Criminal jurisdiction Barnala, whereby evidence of prosecution witnesses Nos. 5 and 6 has been closed. Precise facts of the case are that on the report of Aqeel Aslam, complainant F.I.R. No.43/10 has been registered at Police Station Barnala on 21.03.2010, in offences under sections 3/4 AM. After investigation, police submitted challan before the trial Court on 03.05.2010. The case was at the verge of prosecution evidence, on 21.02.2018 the trial Court closed the evidence of prosecution witnesses Nos. 5 and 6 hence, the captioned revision petition. The learned Assistant Advocate…

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