Zeeshan Tahir vs Rafaqat Ali S — 2025 PCrLJ 780 ISLAMABAD

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Zeeshan Tahir VS Rafaqat Ali S. 376(2)---Criminal Procedure Code (V of 1898), Ss. 561-A & 540---Summoning of witness---Scope---Application filed by respondent/complainant for summoning of Investigating Officer as witness was allowed by the Trial Court---Validity---Purpose of S.540, Cr.P.C., empowered the Court to summon, examine, recall and re-examine any person, if his evidence appeared to the Court essential for the just decision of the case---Court could summon any witness at any stage subject to its satisfaction that the evidence would be stepping stone for just decision---First part of the said Section conferred discretion, the second made obligatory recalling of witness if it was essential for the just decision of the case---However, there were some factors which restrained the Court from summoning, recalling or re-examining the witnesses as it should not be meant to fill any lacuna left by any party---In the present case,Investigating Officer was examined as prosecution witness on 28.01.2023 who deposed regarding chalking of FIR but he failed to mention the proceedings and outcome of the two days of investigation in his examination in chief---Said witness remained Investigating Officer during the initial two days of investigation---Admittedly,said witness was initial Investigating Officer of the case, who registered the FIR and also conducted initial investigation including spot inspection; got examined the victim through Medico Legal Officer, arrested one accused and conducted his medical etc.---Documents prepared by said witness during investigation were part of investigation and were already annexed with the report filed under S.173, Cr.P.C. therefore, re-summoning of said witness would bring nothing new on record on the part of the prosecution and documents prepared by him were not newly introduced documents and it did not amount to fulfilling any lacuna on behalf of the prosecution to summon said witness for exhibiting the documents prepared by him---Re-summoning of said witness would also not cause any prejudice to the accused, rather it would be essential to meet the ends of justice---In the instant case the documents prepared by Investigating Officer, during the investigation, were part of the investigation and already annexed with the report under S.173, Cr.P.C., hence it was held that re-examination of Investigating Officer would not amount to fill up the lacunas of the prosecution case and re-summoning of said witness was essential for meeting the ends of justice and just decision of case, as duty of the Court was to do complete justice---Criminal revision petition was dismissed, in circumstances.

Zeeshan Tahir vs Rafaqat Ali S — 2025 PCrLJ 780 ISLAMABAD

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