Muhammad Asif vs State S — 2026 MLD 118 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2026 MLD 118 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2026
Reporter: MLD
Parties: Muhammad Asif vs State S
Subject matter: Criminal
Provisions referred to: S. 540---S; S. 540; S. 377-B; Criminal Procedure Code

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 Asif VS State S. 540---Summoning of witness---Scope---Witness sought to be called not a material witness---Trial Court dismissed the application filed by the petitioner/accused to summon Inquiry Officer (Police Officer) as a Court witness to prove that the lady Investigating Officer (I.O.) conducted defective investigation and Inquiry Officer recommended her case for major penalty---Validity---Record showed that the Trial Court recorded the statement of I.O. who was also cross-examined by the defence counsel on the same day---After about nineteen days of said proceedings, the petitioner filed an application under S.540, Cr.P.C., for summoning Inquiry Officer (Police Officer ) as a Court Witness who conducted the departmental inquiry against I.O. and recommended her case for major penalty---To summon an inquiry officer as a witness against the Investigating Officer of a criminal case, who allegedly conducted defective investigation to give benefit to the accused, was not a material witness in the present case registered under S.377-B, P.P.C, as he had only conducted the inquiry and even if the statement of said witness was recorded that would not be beneficial to the prosecution---Even otherwise, the criminal cases cannot be decided on the whims and capricious of either of the parties---Furthermore, the departmental inquiry proceedings have no nexus/ relevance with the trial of a criminal case and do not synchronize with Criminal Procedure Code, 1898---Thus, the Trial Court had rightly dismissed the application filed by the petitioner---No illegality or material irregularity in the impugned order had been noticed---Criminal revision was dismissed, in circumstances.

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