| Case ID |
13a0f814-8068-4d50-97df-7103bd5ddb38 |
| Body |
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| Case Number |
Criminal Revision No. 828 of 2012 |
| Decision Date |
May 31, 2013 |
| Hearing Date |
May 31, 2013 |
| Decision |
The Lahore High Court set aside the order of the Trial Court allowing the summoning of additional witnesses in a criminal case. The court found that the complainant failed to prove that the witnesses had been present during the investigation or had provided statements as required by the law. The court emphasized that the additional witnesses could not be summoned merely to fulfill the complainant's desire and that such a practice would open the floodgates for parties to call witnesses to fill in gaps in their evidence. The decision underscored the importance of adhering to procedural requirements in criminal proceedings and the necessity for judicial discretion to be exercised judiciously. |
| Summary |
In the case of Criminal Revision No. 828 of 2012, the Lahore High Court addressed the issue of summoning additional witnesses under Section 540 of the Criminal Procedure Code. The court analyzed the legality of a prior order from the Special Judge Anti-Corruption Punjab, which allowed the complainant to summon three witnesses who were not previously mentioned during the investigation. The High Court ruled that the complainant could not substantiate the presence of these witnesses during the investigation and that summoning them would violate procedural norms. The decision highlighted the importance of maintaining the integrity of the trial process and ensuring that the rights of the accused are protected. This case serves as a significant reference point for future cases involving the summoning of witnesses in criminal proceedings, reinforcing the necessity for evidence to be established before additional witnesses can be called upon. Key phrases such as 'Criminal Procedure Code', 'summoning witnesses', and 'judicial discretion' are essential for understanding the implications of this ruling. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MISS AALIA NEELUM, J
|
| Lawyers |
Ch. Zulfiqar Ahmad Rawn,
Ahmad Raza Raja,
Nasir Mahmood Sial,
Khawar Abbas
|
| Petitioners |
KHALID HUSSAIN
|
| Respondents |
The STATE,
|
| Citations |
2013 SLD 482,
2013 PCRLJ 1623
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
540
|