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NEHAL KHAN vs MEER AALI alias AADO S — 2022 YLRN 32 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 32 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
NEHAL KHAN vs MEER AALI alias AADO S
Subject matter
Criminal
Provisions referred to
S. 540---P; S. 540; S. 161

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

NEHAL KHAN VS MEER AALI alias AADO S. 540---Power to summon material witness or examine person present---Scope--- Complainant assailed the dismissal of his application under S.540, Cr.P.C.---Complainant had sought permission to produce a witness who was injured during the occurrence but his name was not mentioned in the challan---Police had categorically stated in the challan that the said witness was not medically examined nor had he contacted with the Investigating Officer for recording of statement under S. 161, Cr.P.C.; therefore, his name was not mentioned in the calendar of witnesses---Challan was submitted in the year 2014 and since then the complainant party had not filed any complaint against the police nor had they tried to get inserted the name of said witness in the calendar of witnesses---Application was filed when the case was transmitted to MCTC (Model Criminal Trial Court) for speedy disposal---Application under S. 540, Cr.P.C. was moved with an intention to linger on the case and conceivably the complainant had no intention of the early disposal of the case---Criminal revision application was dismissed.

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