The witness was summoned for a re-examination by a joint intention, section 540, of the Contempt Code (XLV of 1860), sections 337A (i), 337 L (1) and 34 of the shuja and caliphate and other injuries, section 540 , CR PC, no doubt authorized the court to call a witness back for the decision in this case, but said that the department had imposed on the court that Section 540, CR P.C. The option under should be used with caution and with caution, it was not intended to fill in the blanks or lacquers. Only the power left to proceed by the parties can be exercised only if the court is satisfied that further cross-examination will be necessary for a fair decision in this case, when the appellate court had such power, Some material evidence was discovered that could not be collected. Previously, or where a party was barred from incorporating such evidence in a trial for extraordinary reasons beyond its control and power, in the present case, the applicants had ample opportunity in the first stage of the appeal. , And the de novo trial stage has applied for the witnesses to be re-summoned, after which no material evidence has been provided to the appellate court in the form of an inquiry, which may be deemed sufficient to re-ask the witnesses, Applicant's request was properly rejected as there was no need for the witness to be summoned at the well-lated stage. given
Related judgments — Peshawar High Court NWFP, 2014