Law: Criminal Procedure Code (V of 1898)

Section: 161,439,493,540

Law: Pakistan Penal Code, 1860

Section: 265-F

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 439 & 540--Pakistan Penal Code, (XLV of 1860), S. 265-F--Revision petition--Application u/S. 540, Cr.P.C. was dismissed--Witnesses of incident--Examination of witnesses--List of witnesses--Complainant never challenged such list of witnesses, detailed in challan by filing a direct complaint--Such act, normally, would suggest satisfaction of complainant about names of witnesses came to surface during course of investigation, therefore, complainant, being not an investigating officer, would not be justified in bringing new names as witnesses which, too, after conclusion of trial else this may prejudice purpose of 'list of witnesses' which is, prima facie, is given to let accused know of evidence likely to be led against him within meaning of Section 265-F, PPC. Section 265-F, PPC, ensures a fair opportunity to both prosecution and defence in bringing their respective witnesses/material on record but not as a 'surprise' or to prolong/conclusion of trial--Admittedly prosecution has not moved any application but complainant himself has filed instant application who, otherwise, is legally obliged to act through prosecutor, as directed by Section 493 Cr.P.C.--Further, reasons, given by trial Court, in impugned order, are quite justified as well within line of principles of criminal administration of justice and that of Section 540 of Code, hence same is not open to be interfered--Petition was dismissed. Court Witness-- ----Trial Court is competent to call any witness on application as a "Court witness" but in such an eventuality where prosecution wishes to examine a witness, not named in list of witnesses, then it could not claim as 'right' but shall be required to satisfy conscious of Court that such examination is, indeed, for discovery of truth. THIS ORDER PASSED BY: SALAHUDDIN PANHWAR, JUSTICE Through instant revision application, appellant has challenged order dated 30.08.2018, whereby application under Section 540, Cr.P.C. was dismissed. 2. Heard learned respective parties being relevant last paragraph of impugned order is reproduced herewith:-- From a careful perusal of entire record, it appears that there…

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