Law: Criminal Procedure Code (V of 1898)

Section: 435,439

Law: Qanun-e-Shahadat (10 of 1984)

Section: 161,94

Crl. Rev. No. 23556 of 2022, heard on 31.1.2023. Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 435 439--Criminal revision--Signatures on disputed cheques are not of his father rather same are forged, therefore, comparison of signatures available on said cheques with admitted signatures of deceased father of complainant, is necessary/essential for just decision of case--Held: It is well settled principle of law that criminal justice system is not adversarial rather inquisitorial and Court has to reach at just decision of case; any piece of evidence which is essential for just decision of case, has to be brought on record irrespective of fact that either it favours one party or goes against other; similarly, filling lacuna in case is immaterial if said piece of evidence is otherwise necessary for securing ends of justice--If such evidence/material is necessary for just decision of case, then it becomes mandatory for Court to summon and examine such evidence/material--In “peculiar facts circumstances” of case, impugned order passed by Judge Special Court is not warranted by law, hence, same is hereby set- aside--Application filed by present petitioner/complainant for having comparison of signatures of his deceased father, is “allowed” and trial Court is directed to have comparison of signatures of deceased father of present petitioner/complainant available on disputed cheques with admitted signatures of said man available on SS Cards from Punjab Forensic Science Agency, Lahore, in accordance with law-- Observations mentioned above are only meant for purpose of decision of this revision petition--Revision petition accepted/ allowed.                                                          2001 P.Cr.R. 548 and PLD 1984 SC 95. Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Art. 161--Article 161 of Qanun-e-Shahadat Order, 1984 is also relevant and concerned portion of same is hereby reproduced: “161. Judge’s power to put question or order production.--The Judge may, in order to discover or to obtain proper proof of…

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