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BASHIR AHMAD versus MUHAMMAD AKRAM


Section 540 and 439 Criminal Procedure (XLV of 1860), Section 302/34 Appealing to the Material Witnesses for Respondents, who was an Accused, referred the relevant section to the HO police station for trial under Section 540, CR PC. Request moved for request. The investigating officer, who was dismissed by the prosecution's trial court after the parties accepted the plea, said both officers have been ordered to seek court testimony and have been asked to review the trial court's order. The applicant / complainant was challenged. According to the reasons sought, Section 4040 Cr, CRPC's purpose of the two witnesses was to enable the courts to obtain the truth and the mere fact that some of the key witnesses had been discharged by the prosecution. Will not discharge this responsibility which the courts should not do. Section 540, to relieve itself at the mercy of the parties, the CCP extended the trial court's extensive discretion to summon any witness to the trial court, exercising powers granted under the authority of section 404040 The CCPC needed the courts to ensure that the evidence sought for the testimony would have some evidence to determine the accused's guilt or innocence. Under any feature of this case, it can be said that arbitrary use by the trial court was unwarranted, arbitrary or fraudulent. It is a fact that the trial court had earlier summoned two persons as judicial witnesses under Section 4040, CR PC. There is no reason to reject the post-respondent application itself

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