Law: Criminal Procedure Code (V of 1898)

Section: 540

Criminal Procedure Code (V of 1898)---S.540---Power of court to summon material witness or examine person present---Scope, an accused in private complaint, assailed order passed by trial court declining the summoning of two witnesses of challan case cited in the calendar of witnesses as court witnesses in private complaint argued that the statements of said witnesses of challan case could not be read in evidence in the private complaint hence, they were required to be examined---Held; present case was not the one in which police challan case and the private complaint case was to be proceeded with one after the other or the private complaint case to be proceeded earlier requiring all the witnesses of police challan case to be recorded after the closure of prosecution evidence, if not examined---Both the cases were proceeding side by side---If the petitioner deemed it appropriate that the stance of subject two private witnesses should be brought on record in the private complaint as well, he would have ample opportunity to get them examined as defence witnesses---Trial Court had rightly exercised its discretion keeping in view the facts and circumstances of the case---Revision petition was dismissed, in circumstances. Nur Elahi’s case PLD 1966 SC 708 distinguished. ORDER: SYED SHAHBAZ ALI RIZVI, JUSTICE:---.--- Through this criminal revision, the petitioner, co-accused of proforma respondent No. 3, in connection with a private complaint filed by Mst. Amna Bibi, respondent No. 2 for an occurrence of murder regarding which FIR No. 1050 dated 06.10.2014 stood registered for offences under Sections 302 and 34 of Pakistan Penal Code, 1860, at Police Station Chuhng, District Lahore, at the instance of Rang Ali regarding the murder of Muhammad Sajjad and Mst. Ayesha Riaz against accused Irfan Hussain, Umar Daraz alias Kali, Amjad Hussain, Riaz Hussain and Muhammad Imran, has come up to this Court assailing the order dated 11.03.2021 passed by the learned trial court declining the summoning of Rang Ali and Nazir Hussain, witnesses of challan case cited in the calendar of witnesses of report under Section 173 of the Code of Criminal Procedure, 1898, as court witnesses in…

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