BASHIR AHMAD vs STATE and 2 others
This criminal petition arises from FIR No. 329/2014 registered under Sections 302 and 34 of the Pakistan Penal Code 1860 at Police Station Saddar Jalalpur Pirwala. The petitioner, who is the complainant, challenged an order passed by the trial court dismissing his application for the re-summoning of a medical witness (PW-3 Dr. Muhammad Arshad Sahu) for further cross-examination under Section 540 of the Code of Criminal Procedure 1898. The core legal question was whether the trial court was justified in refusing to re-summon the witness nearly two years after the FIR was registered when the complainant's counsel was present during the original examination and failed to cross-examine on the proposed points. The Lahore High Court held that the trial court committed no illegality or irregularity in dismissing the application, as the questions were already on record, no desire to cross-examine was expressed at the time, and no departmental action was pursued against the medical officer for alleged inefficiency. The petition was accordingly dismissed.
- Whether a trial court is justified in refusing an application to re-summon a medical witness for cross-examination filed two years after the registration of the FIR?
- Can a complainant seek the re-summoning of a prosecution witness under Section 540 of the Code of Criminal Procedure 1898 when their counsel failed to cross-examine the witness despite the relevant questions being already on record?
- Does the failure of a medical officer to correctly send samples for laboratory analysis warrant the re-summoning of the witness during trial without prior departmental proceedings?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 540, Code of Criminal Procedure 1898
ORDER
Petitioner is complainant of case FIR No, 329/2014 dated 7.6.2014 registered at Police Station Saddar Jalalpur Pirwala for the offence under Sections 302, 34, PPC against Respondents No, 1 and 2. During trial, he filed an application for re-summoning of PW-3 Dr. Muhammad Arshad Sahu in order to corss examine him as proposed in the application, which was dismissed by trial Court vide order dated 28.11.2016, which has been assailed through this petition.
2. Heard. Impugned order has been perused.
3. Application for re-summoning of the witness was filed on 21.10.2016 i,e, after about two years of registration of FIR. Learned counsel for petitioner/complainant was present before the trial Court at the time of recording statement of PW-3, however, no desire was expressed by him at that time to cross-examine said witness, despite the fact that the questions proposed in the application under Section 540, Cr.P.C. were already on surface/record. Grievance of petitioner/complainant is that the Medical Officer did not send samples for laboratory analysis correctly in order to determine cause of death. Pertinent to note here is that no effort was made by petitioner/complainant to proceed against the medical officer on departmental side for alleged inefficiency/mala fide. In the circumstances, I see no illegality or irregularity committed by learned trial Court while passing the impugned order. Therefore, petition in hand stands dismissed.