Law: Code of Criminal Procedure, 1898

Section: 172, 435, 561‑A ,540

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

Section: 140

  (a) Words and phrases‑‑‑   ‑‑‑‑`Special Diary' (Case Diary) and `General Diary'‑‑‑Distinction.   (b) Criminal Procedure Code (V of 1898)---   ‑‑‑S. 172‑‑‑Bar of S.172, Cr.P.C. applies only to special Diary usually described as case Diary and not to General Diary.   (c) Qanun‑e‑Shahadat (10 of 1984)‑‑‑   ‑‑‑‑Art. 140‑‑‑General Diary is an official register and the entries therein are made in discharge of official duties which if relevant concerning a fact in issue in a Court of law can be used and brought on record under Art.140 of Qanun‑e -Shahadat, 1984.   (d) Words and phrases‑‑‑   ‑‑‑‑‑ Statement ‑‑‑Meaning and scope.   (e) Qanun‑e‑Shahat (10 of 1984)‑‑‑   ‑‑‑‑Art. 140‑‑‑Entry in the General Diary would amount to a statement as given in Art.140 of Qanun‑e‑Shahadat, 1984.   (f) Criminal Procedure Code (V of 1898)‑‑   ‑‑‑‑S. 265‑F(6) & (7)‑‑‑Provisions contained in 5.265‑F(6) & (7) relate to the stage when the accused enters upon his defence.   (g) Criminal Procedure Code (V of 1898)‑‑‑   ‑‑‑‑Ss. 435, 561‑A & 540‑‑‑Penal Code (XLV of 1860), Ss.295‑C & 298‑A‑‑ Entries of relevant dates made in daily diary register were relevant to the case against petitioner‑‑‑Same were thus ordered to be summoned alongwith the Investigating Officer to enable the defence counsel to confront the Police Officer with said entries.     JUDGMENT   This petition under section 435 read with section 561‑A of the Criminal Procedure Code has been filed to challenge the legality of the order, dated 26‑5‑1990 of the learned Additional Sessions Judge, whereby he dismissed the application of the petitioner for summoning Muharrir of Police Station Ghazi alongwith daily diary register for 9‑8‑1989 and 10‑8‑1989 in order to confront the investigating Officer P.W.10, with certain relevant entries made therein to test his veracity.   The relevant facts are that the petitioner is facing trial for offences…