Law:

Section:

(a) Criminal Procedure Code (V of 1898)-- Ss. 241-A do 244 (2)--Section 244 (2) casts an obligation on Magis­trate to issue summons to any witness on application of either party unless such application considered to be vexatious or intended to cause delay or' opposed to ends -of justice--Application referred to in S. 244 (2) however, held, cannot travel beyond witnesses envisaged by sub-S. (2), of S. 241-A (naming of witnesses in petition of complaint).-[Witness]. (b) Constitution of Pakistan (1973)- Art. 199-Writ jurisdiction-Error of jurisdiction distinguished from error within jurisdiction-Court, having jurisdiction in matter coming to an erroneous decision-Cannot be said to have acted illegally or with material irregularity-District Judge having jurisdiction in matter passing order in revisional capacity, order passed, held, cannot justify invocation of writ jurisdiction.-[Jurisdiction]. JUDGMENT In a private complaint, filed by the petitioner against the respondent, who is his wife and two others, the learned trial Magistrate on 19-3-1977 framed charge under section 406/420/468, P. P. C., against the accused. On 5-4-1977, the petitioner applied to the learned trial Magistrate, to summon three witnesses namely K. M. Pasha, Humayun Rashid and Muhammad Afzal, who are stated to be respondent's ex-husbands. This application was allowed on the same date. In the meantime, the statement of K. M. Pasha was recorded. The petitioner moved another similar application on 13-2-1978, that the remaining two witnesses were not prepared to appear unless summoned by the Court. This application was also allowed and they were ordered to be summoned, in accordance with law. On 15-11-1978 when Muhammad Afzal was put in the witness box as P. W. 3, the respondent raised an objection to his examination as a witness and filed an application for review of the order dated 5-4-1977, on the plea that the names of these two witnesses were not mentioned in the list appended with the complaint and that the petitioner was permitted to produce them, to the prejudice of the respondent, without giving her an opportunity of being heard. The learned trial Magistrate took the view that as…

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