Law: Criminal Procedure Code (V of 1898)

Section: 161,439,540

(a) Criminal Procedure Code (V of 1898)--- ----S.540---Power of court to summon material witnesses---Discretion---Section 540, Cr.P.C. has two parts: first part confers wide jurisdiction on the court to summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; second part places an obligation on the court to summon and examine or recall or re-examine any such person if his evidence appears to be essential to a just decision of the case---Court, in exercising discretion under the first part, will have to show the regard to the basic principles of a fair trial---Court, under the second part, has no discretion; overriding consideration over the second part is the duty of the court to do justice---If the court comes to the conclusion that the evidence of any person is essential to the just decision of the case, the evidence of that person must be made part of the record of the case in accordance with law. Muhammad Azam v. Muhammad Iqbal and others PLD 1984 SC 95 fol. (b) Criminal Procedure Code (V of 1898)--- ----S. 540---Power of court to summon material witnesses---Scope---Petitioner filed private complaint against accused persons that, they, while entering into his house tried to kidnap his daughter---Petitioner moved application under S. 540, Cr.P.C. for production of his daughter as witness but Trial Court dismissed the application on the ground that neither her name was mentioned in the list of witnesses nor her cursory statement was recorded---Validity---Story of cross version in FIR, which was cancelled by police, revolved around petitioner's daughter as the accused persons wanted to kidnap her but due to the intervention of other witnesses they could not accomplish their task---Petitioner's daughter had made a statement under S. 161, Cr.P.C. during the course of investigation which was available on record---Statement of petitioner's daughter was essential for just decision of the case and summoning her as witness was justified under second part of S. 540, Cr.P.C.---Criminal revision was allowed and order passed by Trial Court was set aside. Pervez Ahmad v.…

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