ORDER SHEET
IN
THE HIGH COURT OF SINDH BENCH AT SUKKUR
Crl. Revision Application No.S-123 of 2021
Muhammad Saleem Bandhani Vs. Muhammad Ishfaque & others)
|
Date |
Order with signature of Judge |
1. For hearing
of MA No. 6228/2021.
2.
For hearing of main case.
13-03-2023.
Mr.
Sikandar Ali Junejo
advocate for the applicant.
Mr.
Muhammad Ali Napar advocate for respondent No.7.
Mr.
Zulfiquar Ali Jatoi, APG
for the State.
.-.-.-. -.-.-.-.-.-.-.-.-
1. The applicant, by way of instant Crl.
Revision Application has impugned order dated 23-10-2021 whereby by learned
Special Judge Anti-Corruption (Provincial) Sukkur Division at Sukkur has
dismissed his application u/s 540 Cr.P.C for calling
Sub-Registrar and Deputy Director NADRA Sukkur for purpose of their examination
as witnesses.
2. It is contended by learned counsel for the applicant that the
examination of above said witnesses was essential to arrive at right conclusion
of the case. By contending so, he sought for setting aside of impugned order
with direction to learned trial Court to call and examine the above said
witness in order to meet with the mandate contained by 10-A of the Constitution
of Islamic Republic of Pakistan, 1973, which prescribes fair trial. It is
opposed by learned APG for the State and learned counsel for the private
respondent by contending that they were not named by the applicant as witnesses
in his Direct Complaint and Civil Suit between the parties on same cause is
already adjudication before the Civil Court having jurisdiction.
3. Heard arguments and perused the record.
4. Admittedly the person(s) sought to be examined are neither named
in Direct Complaint nor were examined in preliminary enquiry; such omission apparently
is not enough to make a conclusion that they could not be examined at trial. If
they are not permitted to be examined then it would negate the mandate
contained by Section 540 Cr.P.C, which prescribes
that Court may at any stage of inquiry/trial or other proceedings, summon any
person as a witness though not summoned as witness to be examined, if his
examination appears to be essential for just decision of the case. Consequently, the impugned order is set aside
with direction to learned trial Court to call and examine the above said
witnesses for just decision of the case.
5. The instant Crl. Revision
Application is disposed off accordingly together with listed application.
JUDGE
Nasim /PA