Law: Criminal Procedure Code (V of 1898)

Section: 265-F(7),439

Criminal Procedure Code (V of 1898)--- ----Ss. 265-F(7) & 439---Application for issuance of process for compelling attendance of witness---Defence witness for whose attendance issuance of process was sought by applicant/accused, had issued a certificate in favour of applicant which had supported applicant's plea of alibi and said witness was still in service---Trial Court could refuse summoning of defence witnesses through process of Court only if Trial Court considered that purpose of application for summoning of defence witnesses was to cause vexation or delay or to defeat the ends of justice, by recording such grounds in writing---Order refusing to issue process for compelling attendance of witness passed by Trial Court did not show such reasons, but application was dismissed by Trial Court for extraneous reasons---High Court set aside order of Trial Court with direction to summon the witness sought to be summoned by applicant. . THIS JUDGMENT DELIVERED BY: MUHAMMAD FARRUKH MAHMUD, JUSTICE:---.--- This revision is directed against the order dated 24-7-2002 passed by the learned Additional Sessions Judge, Layyah, whereby he refused to issue any process to compel the attendance of Muhammad Aslam Bhatti, as defence witness. 2. The relevant facts are that the petitioner is facing trial in a complaint case titled Muhammad Arshad v. Altaf Hussain and others for offences under sections 302/324/148/149, P.P.C. On 24-7-2002 the petitioner moved an application that Muhammad Aslam Bhatti, who had been serving as Officer in the Bank of Punjab, 102 Chattan Building Branch, Lahore, may be summoned as D.W. through the process of Court. The learned trial Court refused to issue any process for attendance of the aforementioned D.W. and dismissed the application of the Petitioner mainly on two grounds:-- (i) That the certificate issued by Muhammad Aslam Bhatti was handed over to Altaf Hussain petitioner without direction of any authority, therefore, Altaf Hussain accused was quite competent to produce Muhammad Aslam Bhatti on his own, as D.W.; and (ii) that Altaf Hussain petitioner and Muhammad Aslam Bhatti (D.W.) had been working together as colleagues. Hence the trial…

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