MALIK IQBAL HUSSAIN SAMITA vs STATE and 6 others
This criminal revision petition challenges an order passed by the Special Judge Anti-Corruption, Dera Ghazi Khan, which dismissed the petitioner's application under Section 540 of the Code of Criminal Procedure 1898. The petitioner, facing trial for offences including forgery and corruption, sought to summon the Registeree Moharrir of the Sub-Registrar Office along with the record of a specific Sale-Deed to prove its genuineness, contrary to the prosecution's allegation that it was a bogus document. The core legal question was whether the trial court erred in refusing to summon a witness essential for the just decision of the case. The Lahore High Court held that the trial court's refusal was unsustainable, noting that summoning the witness and the relevant record was sine qua non for ascertaining the truth regarding the disputed document. Consequently, the High Court allowed the revision petition, set aside the impugned order, and directed the trial court to summon the witness and provide parties an opportunity for cross-examination, reinforcing the principle that courts must facilitate the production of evidence essential to a just adjudication.
- Can a trial court refuse to summon a witness under Section 540 of the Code of Criminal Procedure 1898 if the evidence is essential for determining the truth?
- Is the summoning of a witness and relevant record considered sine qua non when the authenticity of a document is central to the prosecution's case?
- Section 540, Code of Criminal Procedure 1898
- Section 420, Pakistan Penal Code 1860
- Section 467, Pakistan Penal Code 1860
- Section 468, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
- Section 161, Pakistan Penal Code 1860
- Section 5(2), Prevention of Corruption Act 1947
ORDER
' Through this petition order dated 28.07.2015 passed by learned Special Judge Anti-Corruption, Dera Ghazi Khan has been impugned, whereby an application filed by petitioner under Section 540, Cr.P.C. Was dismissed.
2. Petitioner is facing trial in case FIR No. 11/2009 dated 19.08.2009 under Sections 420, 467, 468, 471, 161, PPC read with Section 5(2) of Prevention of Corruption Act, 1947 registered with Police Station Anti-Corruption, Layyah. He filed an application under Section 540, Cr.P.C. With the prayer that Registeree Moharrir of Sub-Registrar Office Kehror alongwith record of Sale-Deed No. 587 dated 24.12.1989 be summoned as witness. His application was dismissed by learned trial Court vide impugned order.
3. Heard, impugned order has been perused.
4. It was alleged by prosecution that registered Sale-Deed No. 587 was a bogus document.
Contention of petitioner is that said document was a genuine document registered in accordance with law and that petitioner had also obtained attested copy of said sale deed. Learned trial Court in the impugned order relied on report of record keeper on backside of application form, according to which said Sale-Deed No. 587 was nowhere available in the record. It is matter of record that an application was moved by prosecution with the similar prayer but learned trial Court dismissed said application vide order dated 14.02.2015. In the peculiar facts and circumstances of this case, to summon the proposed witness along with record was sine qua non for ascertaining real facts regarding stance of the parties. As such, learned trial Court erred while passing the impugned order, which is not sustainable.
5. For the reasons recorded above, this criminal revision is hereby allowed and impugned order is set aside: Application moved by petitioner under Section 540, Cr.P.C. Is allowed. Learned trial Court shall summon Registeree Moharrir as witness along with record of aforementioned sale deed and parties will be provided an opportunity to cross-examine said witness.