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KHALID HUSSAIN versus STATE


Power of the Section 40 Power40 material witness to be summoned by the principal trial court allowed the complainant to present three witnesses in support of the prosecutor's case, claiming that the trial court did not allow the witnesses to testify during the investigation. Submitted, nor did the complainant fail to mention the Chief Validity Complaint in their examination. To confirm that the witnesses appeared before the investigating officer in question and recorded their statements or that they appeared at any stage of the investigation and that they were witnesses to a particular fact or process and Only the recording of their statements was necessary for the decision. Cannot be summoned only to satisfy the complainant's wishes The trial proceedings under Section 404040 have exercised discretion for more than three years, CRPC had to be used judicially and in this case Keeping all aspects of the sound material in mind was to be used in favor of one or the other party and power could not be used as a matter of governance if such power was to be used on a regular basis, Opening the way is where parties call any witness to fill in millions in their evidence. Or have no justification under the law. During the trial, the trial court had no compulsion to summon additional witnesses. The High Court set aside the trial court's order which was granted in the circumstances.

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