| Citation(s) |
|---|
| 2025 SLG 4126 2025 SLD 4126 = 2025 LHC 5633 |
Crl. Appeal No.28571/2025
Farooq Haider, J
Date of hearing: 23.09.2025. Appellant by: Mian Noman Sharif, Advocate. State by: Ms. Nuzhat Bashir, Deputy Prosecutor General along with Hassan T/S.I. and record of the case.
Muhammad Nasir
VS
The State, etc.
Law: Code of Criminal Procedure (CrPC), 1898
Section: 540, 342, 161, 340(2), 561-A
Law: Qanun-e-Shahadat Order, 1984
Section: 161
Law: Constitution of Pakistan, 1973
Section: 10-A
Summary:
Muhammad Nasir (appellant) challenged the trial court’s order allowing prosecution’s application under Section 540 Cr.P.C. to summon Muhammad Naveed ASI (Moharir) at a belated stage, after prosecution evidence was closed and the case was fixed for final arguments. The High Court upheld the order, holding that in criminal trials the court’s duty is inquisitorial, not merely adversarial, and any evidence essential for just decision must be recorded regardless of stage or technicalities. The accused retains full rights of cross-examination and defense.
Sections Used:
540 Cr.P.C., 342 Cr.P.C., 161 Cr.P.C., 340(2) Cr.P.C., 561-A Cr.P.C., Article 161 QSO 1984, Article 10-A Constitution.
Two Words Description:
Witness Summoning