ASIM MURTAZA KHAN vs State S — 2023 PCrLJ 1110 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PCrLJ 1110 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PCRLJ
Parties: ASIM MURTAZA KHAN vs State S
Subject matter: Criminal
Provisions referred to: S. 19---C; S. 94---Q; S. 94; Criminal Procedure Code (V of 1898)

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

ASIM MURTAZA KHAN VS State S. 19---Criminal Procedure Code (V of 1898), S. 94---Qanun-e-Shahadat (10 of 1984), Art. 91---Constitution of Pakistan, Art. 199---Constitutional petition---Documents, production of---Permission to produce documents---Scope---Petitioner was accused facing trial, who during recording of evidence raised the objection that documents without authorization from Board of Directors could not be produced---Validity---Trial Court as well as investigator, under the provisions of S. 94, Cr.P.C. was authorized to collect required documents---For collection of documents investigating officer did not require any authorization even from a Court, if collection and seizure were needed from a company other than a banking company---Complainant company was not a banking company and for production of such documents, Trial Court had to issue a summons while an investigating officer was to give a written order for production of requisite document---In case of a criminal inquiry or investigation there was no need for investigators to seek any authorization for production and seizure of record and the person who was in possession of such record had no other option but to comply with such summons of Trial Court or order of the investigator---Trial Court rightly rejected application/ objection raised by petitioner regarding production of documents pertaining to complainant company through order in question or even at the time of recording of evidence of prosecution witness---High Court maintained the order passed by trial Court---Constitutional petition was dismissed, in circumstances.

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