Law: Criminal Procedure Code (V of 1898)

Section: 435, 438, 439

Criminal Procedure Code (V of 1898) Ss. 435, 438 & 439 Revision-Jurisdiction-Defence prayer to summon prosecution witnesses, not cross-examined earlier, refused by trial Court-Sessions Judge on revision directing issue of process to such witnesses Sessions Judge, held, not competent to pass, any order in exercise of his revisional jurisdiction in matter but could only recommend case to High Court for suitable orders-Order of Sessions Judge, setting aside order of trial Court set aside.   JUDGMENT This is a petition under section 439, Cr. P. C. for revision of the order dated the 10th June 1970, passed by the learned Sessions Judge, Rawalpindi. 2. Ghulam Muhammad was being tried in the Court of Khan Muhammad Ansar Khan, Magistrate 1st Class, Rawalpindi, in a case under section 498/452, P. P. C. On the 15th October 1969, he made an application to have certain P. Ws. recalled for purposes of cross-examination whom he had not been able to cross-examine earlier. The trial Court rejected the petition. He preferred a revision petition to the Court of the Sessions Judge, Rawalpindi. The learned Sessions Judge, after reference to section 257 of the Code of Criminal Procedure, held that after Ghulam Muhammad had entered upon his defence' and had applied to the Magistrate to issue any process for compelling the attendance of any witness "other than a witness whom the accused has cross-examined for the purposes of examination", the Magistrate shall issue such process unless he considers that such application should be rejected on the ground that it is made for the purposes of vexation or delay or for defeating the ends of justice. The learned Sessions Judge further found that the witnesses required by Ghulam Muhammad to be summoned had not been cross-examined by him earlier. Accordingly, by order dated the 10th June 1970, the learned Sessions Judge accepted the revision petition and set aside the impugned order dated the 15th October 1969. He directed the trial Court to recall all the prosecution witnesses for the purposes of cross-examination. 3. Ghulam Sarwar, the complainant felt aggrieved by the said order dated the 10th June…