Law: Criminal Procedure Code (V of 1898)

Section: 540,265K,161

Criminal Procedure Code (V of 1898)--- ----Ss. 540 & 265-K---Summoning of material witnesses---Scope---Complainant and her sister submitted a written application to the police for registration of a criminal case against the petitioners---Complaint showed that the petitioners allegedly claimed that father of the complainant had promised to give his daughter s hands in marriage to them---Petitioners allegedly ran after the complainant and her sister with a claim of marriage---Matter was referred to a dispute resolution forum---In the dispute resolution process, complainant submitted an application under S.540, Cr.P.C to the Trial Court to summon three other persons as her witnesses---Reason she showed was that the said persons were present in certain mediation proceedings to resolve the dispute---Proposed witnesses were not examined under S.161, Cr.P.C during the investigation of the case---Simultaneously, the petitioners sought their acquittal under S.265-K, Cr.P.C, contending that the charge was groundless and there was no likelihood of their conviction even if the remaining evidence was recorded---Trial Court had allowed the complainant's application and dismissed the petitioners' application---Issue was that as to whether the Trial Court had correctly applied the letter and spirit of Ss. 540 & 265-K, Cr.P.C---Obviously, both the applications were substantially interdependent---In the prime interest of justice and keeping in view the peculiar facts and circumstances, the said witnesses seemed to be material witnesses---Their examination would not prejudice any party as equal opportunity of cross- examination would be provided to them--Mere fact that proposed witnesses were not examined under S.161, Cr.P.C was also not a hindrance---On the face of the record, the case related to an offence against women, who deserved a proper opportunity to produce evidence in support of their case as a matter of right---Indeed, the evidence of the proposed witnesses appeared to be essential to the just decision of the case---Both the petitions were thus, dismissed. Muhammad Azam v. Muhammad Iqbal PLD 1984 SC 95; Muhammad Aslam alias Acchu and others v. The…