ASMATULLAH vs State S — 2021 YLR 1368 QUETTA-HIGH-COURT-BALOCHISTAN

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ASMATULLAH VS State S. 540---Power to summon material witness or record---Scope---Petitioner moved application under S. 540, Cr.P.C. for calling Medical Certificate of deceased and for calling an eye-witness as court witness---Trial Court had dismissed the said application---Validity---Section 540, Cr.P.C. empowered the court to summon any person or examine any person or re-call, re-examine any person at any stage of inquiry, trial or proceeding---Said provision of law did not provide any time period, stage of proceeding for summoning/recalling any witness---Concept of S.540, Cr.P.C was to empower the court to do complete justice---Court could not summarily dismiss the application of the parties under S.540, Cr.P.C. holding that the application had been filed at belated stage or to fill up the lacuna---Court had to find out whether examination of the referred witnesses was essential for just decision of the case or not---Mere delay was no ground for rejection of the application---Application was filed by the petitioner for calling the record of deceased from hospital---Said fact was also admitted by Medical Officer that he examined the deceased---Prosecution did not bother to collect Medical Certificate of deceased from hospital where he died---For just decision of the case it was necessary that the medical report of deceased should be brought on record---Section 540, Cr.P.C. empowered the court to summon any person without application from either side if his testimony was essential for just conclusion of the case---Petitioners prayed for calling the Medical Report of deceased and calling injured as court witnesses---Petition was accepted by setting aside the impugned order, in circumstances.

ASMATULLAH vs State S — 2021 YLR 1368 QUETTA-HIGH-COURT-BALOCHISTAN

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