Section 540 Determination Code (XLV of 1860), Section 302/34 Querying a Material Witness, Request for Dismissal, During the Trial, After the Closing of Evidence, Applicant / Complainant has Submitted a petition before the trial court, the CRPC sought to summon the concerned bank's cashier with a record containing the request made by the complainant for the minor, but said that the complainant's request was valid Declared and rejected, it became illegal for the trial court to examine the evidence. The point of view is that the law provides the party with a full opportunity to establish a stand on the evidence. And it was up to the trial court to accept or reject any position taken by the party in this case, whereby the complainant filed a petition with the court seeking to establish the fact of his presence. request. Although the previous trial was excluded, which was not binding on the present case, when the applicant / complainant tried to establish his presence on the spot and contradicted the cross-examination by the defense lawyer, it was It was up to the trial court to resolve the question at the time of the verdict. The trial court was sitting like a referee, acting on behalf of both parties, and the trial court was not allowed to dismiss both the parties equally. Was to be dealt with when the foundations were real and according to law. A look at the trial court's tireless interference with the arguments presented by the applicant in the bar by the complainant's lawyer
Related judgments — Peshawar High Court NWFP, 2010
