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MUHAMMAD RAFIQUE vs TASADAQ HUSSAIN S — 2022 MLD 1232 ISLAMABAD

Case information

Citation
2022 MLD 1232 ISLAMABAD
Court
Islamabad High Court
Year
2022
Reporter
MLD
Parties
MUHAMMAD RAFIQUE vs TASADAQ HUSSAIN S
Subject matter
Criminal
Provisions referred to
S. 540---P

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD RAFIQUE VS TASADAQ HUSSAIN S.540---Power to summon material witness or examine person present---Delayed application---Scope---Court cannot summarily dismiss application for additional evidence by merely holding it a belated move rather the Court has to examine whether the examination of the witness or production of document is essential for just decision of the case---Object of the provision is that there should be no failure of justice on account of mistake of either party in bringing the valuable evidence on record---Said provision is a general provision which applies to all proceedings, during inquiry and trial under the Cr.P.C.---Said provision empowers the Court to summon any witness, take additional document at any stage during the inquiry or trial---Discretion is to be exercised judicially, as the wider the power, the greater is the necessity of application of judicial mind---Court has to keep in mind that while during the trial of the case, it has to find out truth to render judgment in accordance with law---Court this very purpose is competent enough to proceed under the said provision on its own.

Other judgments reported in 2022 MLD

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