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GUL MUHAMMAD versus STATE

After seeking the complainant relating to Sections 4040 & 9439 Panel Code (XLV of 1860), Section 302/216/337 F / 460/109 witness, the evidence was transferred under Section 540, CR PC According to the applicant there was material for this decision. The case because it was said that the witness was to prove the identity parade proceedings. Applicant believed that the Judicial Magistrate, although he was discharged, was an important witness whose absence led to prejudice in the case of the prosecutor, whose appeal was accepted by the trial court against which Was gone It was filed by the accused to obtain a trial court order, stating that only the public prosecutor could pass such application to the trial court and the complainant was unable to file such application. , The name of the Judicial Magistrate was added to the list of witnesses to Section 540 of the prosecution. , The CRPC empowered the court, summoned any person as a witness during the inquiry, trial or other proceedings and only condoned. Ion was imposed and attached that the evidence of the witness was sought to be sought, a fair decision of the matter must be made because the evidence to seek the witness in this case was material. Therefore, the trial. The Court rightly exercised its power under Section 4040, CRPC. The trial court may also exercise its powers under Section 404040, CRPC, when at any stage it was considered an important stone for the mere decision of the evidence of such witness even if it said Even if the witness was declared unnecessary, Tr female advocates from Sanjwal lawyer