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 persons present---Scope and purpose elucidated giving guidelines on the point. The perusal of section 540, Cr.P.C. reflects that jurisdiction of the court is divided into two parts, first is discretionary in nature and the second is mandatory. The court has unfettered powers to compulsorily examine any person whose evidence will provide help to elucidate/ ascertain the truth for reaching at a just and fair conclusion of the case. The provisions of section 540, Cr.P.C. extend the discretion of the trial Court in a broad manner and empower it to associate any person with the trial conversant with the facts and features of the case who otherwise is given up by any party. The judicial proceedings are always meant to promote the just decisions without prejudice to any claim put forwarded by the rival parties of criminal cases against each other. It lies with the trial Court to examine the facts and circumstances of the matter with great care and caution and if it reaches to a conclusion that the evidence of a particular person will prove stepping-stone in imparting a just decision of the matter, then it is obligatory upon the court to summon such person for adducing evidence. Over and above all these, if the prosecution gives up a material witness as unnecessary even then the trial Court is not helpless into the matter and cannot be a silent spectator with blind eyes and deaf ears. Keeping in view the facts and circumstances of each and every case the trial Court has to regulate and conduct the trial while remaining within the four corners of law. (b) Criminal Procedure Code (V of 1898)--- ----S. 540---Penal Code (XLV of 1860), Ss. 302/148/149---Qatl-e-amd, rioting armed with deadly weapons---Trial Court vide impugned order on the application of accused had summoned the two Investigating Officers as court witnesses, who had during investigation found the accused in the case innocent and who had been given up by the prosecution---Validity---Said police officers during investigation had been in touch with each and every aspect of the case, such as recording the…

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