Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)--

----S. 561-A--Constitution of Pakistan, 1973, Art. 199--Criminal revision petition for recalling of order--Dismissed--Re-summoning of witness and exhibition of documents--Filling of lacuna--Opportunity for cross-examination--Veracity of evidence--Challenge to--It has been noticed that evidence, which has been allowed to be brought on record of case through orders (mentioned above), is otherwise essential for just decision of case and accused party certainly has right to challenge veracity of said evidence by way of cross-examination--Contention of counsel for petitioner that right/ benefit accrued in favour of accused has been taken away through impugned orders, is concerned, same does not hold water for prime reason that such approach may be adopted in civil lis but not in criminal case where approach of Court must be inquisitorial in nature--Documents are already available on file of case and similarly case property is also already existing, has rightly passed impugned order and same has been rightly upheld by Addl. Sessions Judge, Vehari/Revisional Court--Needless to observe that petitioner/accused will be afforded sufficient opportunity through cross-examination for challenging veracity of said evidence--Therefore, impugned order passed by Addl. Sessions Judge, Vehari and order passed by SCJ (Criminal Division)/Magistrate Section 30, Vehari, are perfectly valid, well-reasoned and quite in accordance with law, peculiar facts and circumstances of case; hence, need no interference--Petition was dismissed.

[Pp. 169, 170, 174 175] A, B C

2001 P.Cr.R. 548, PLD 1984 SC 95, 2001 SCMR 308 and
PLD 2020 SC 617

Order

Through instant petition filed in terms of Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 read with Section 561-A, Cr.P.C., Sajid Ali (petitioner) has challenged the vires of order dated: 16.12.2020 passed by learned Addl. Sessions Judge, Vehari, whereby criminal revision petition filed by the petitioner for recalling of order dated: 26.10.2020 passed by learned SCJ (Criminal Division)/ Magistrate Section 30, Vehari, has been dismissed; relevant Paragraph No. 5 of said order dated 26.10.2020 is hereby reproduced:

“After hearing arguments advanced by learned counsel for parties and perusal of record, it reflects that statement of above said witness has already been recorded as PW-1. The documents which petitioner wanted to produce are available and attached with the file. The version of the petitioner is that documents i.e. complaint, form No. 2 were not exhibited during course of evidence recorded earlier, hence witness may be re- summoned and permission may be granted to produce the said documents accordingly. I am of the view that documents which petitioner wanted to produce are important, relevant and necessary for just decision of the case. If a document has not been produced in the evidence mistakenly during the course of recording evidence, then Court has discretion and authority to get re-summon the witness under Section 540, Cr.P.C. in order to get record his statement and grant him permission to produce said document in the interest of justice. I am of the view that it would not amount to fill the lacuna of the case by the prosecution. The case law produce by the accused is not relevant in circumstances because the facts stated in the case law produced by the accused were different from the instant case. In the light of above said discussion, I am of the view that application of the petitioner is genuine, hence same is accepted in the interest of justice and in consequence witness Mehfooz- ul-Haq is summoned under Section 540, Cr.P.C. to get record his evidence.”

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