Law: Criminal Procedure Code (V of 1898)

Section: 540

(a) Criminal Procedure Code (V of 1898)--- ----S. 540---Power to summon material witness or examine person present---Scope---Application for production of documents was dismissed by Trial Court with the observation that statements of prosecution witnesses were recorded thrice and documents sought to be produced were already part of record and that when re-investigation was completed, the prosecution was required to submit supplementary challan with permission of the court and in said report the prosecution was required to make said documents but that procedure was not followed---Lastly it was observed that the High Court while remanding the case to the Trial Court had specifically directed to proceed from the stage when the statements under S. 342, Cr.P.C. of the accused persons were recorded and decide the case on the basis of evidence available on record---Trial Court was justified in holding that the application for producing additional evidence was filed at very belated stage only to fill up the lacunas which was not permissible under the law--- Revision petition was dismissed. (b) Criminal Procedure Code (V of 1898)--- ----S. 540---Power to summon material witness or examine person present---Scope---Every criminal case has its own facts and it is indeed true that where some evidence is essential for just decision of the case, it is obligatory upon the Court to allow its production and examination as provided under S. 540, Cr.P.C., but the same time, the court cannot allow one of the parties to fill up lacunas in their evidence or extend second chance to a party to improve their case or the quality of evidence tendered by them, because, any such step would amount to tarnishing the objectivity and impartiality of the court which is its hallmark. ORDER RAJA SHAHID MEHMOOD ABBASI, JUSTICE:---.--- Through this Criminal Revision under sections 435/439, Cr.P.C., the petitioner assails the vires of order dated 19.05.2021 passed by learned Additional Sessions Judge, Rawalpindi, whereby he dismissed the application under section 540, Cr.P.C. filed by the petitioner for placing on record reply submitted by the complainant vide letter No.17-1/2013/Enf/PTA-14 dated…

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