MUHAMMAD IBRAHIM vs STATE Ss — 2026 YLR 136 PESHAWAR-HIGH-COURT

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

MUHAMMAD IBRAHIM VS STATE Ss. 540 & 265-K---Summoning of material witnesses---Scope--- Complainant and her sister submitted a written application to the police for registration of a criminal case against the petitioners--- Complaint showed that the petitioners allegedly claimed that father of the complainant had promised to give his daughter's hands in marriage to them--- Petitioners allegedly ran after the complainant and her sister with a claim of marriage--- Matter was referred to a dispute resolution forum--- In the dispute resolution process, complainant submitted an application under S.540, Cr.P.C to the Trial Court to summon three other persons as her witnesses--- Reason she showed was that the said persons were present in certain mediation proceedings to resolve the dispute--- Proposed witnesses were not examined under S.161, Cr.P.C during the investigation of the case--- Simultaneously, the petitioners sought their acquittal under S.265-K, Cr.P.C, contending that the charge was groundless and there was no likelihood of their conviction even if the remaining evidence was recorded--- Trial Court had allowed the complainant's application and dismissed the petitioners' application--- Issue was that as to whether the Trial Court had correctly applied the letter and spirit of Ss.540 & 265-K, Cr.P.C--- Obviously, both the applications were substantially interdependent--- In the prime interest of justice and keeping in view the peculiar facts and circumstances, the said witnesses seemed to be material witnesses--- Their examination would not prejudice any party as equal opportunity of cross-examination would be provided to them--- Mere fact that proposed witnesses were not examined under S.161, Cr.P.C was also not a hindrance--- On the face of the record, the case related to an offence against women, who deserved a proper opportunity to produce evidence in support of their case as a matter of right--- Indeed, the evidence of the proposed witnesses appeared to be essential to the just decision of the case--- Both the petitions were thus, dismissed.

MUHAMMAD IBRAHIM vs STATE Ss — 2026 YLR 136 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported

Other judgments reported in 2026 YLR