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Citation: 2006 YLR 3106
Court: Balochistan High Court
Year: 1970
Decision Date: 1970-01-01
Parties: ABDUL KHALIQ vs ABDUL MALIK and 7 otherss
Case cited as 2006 YLR 3106
Court Name: Balochistan High Court Judge(s): Raja Fayyaz Ahmed, Akhter Zaman Malghani Title: ABDUL KHALIQ vs ABDUL MALIK and 7 otherss Case No.: C.P. No,374 of 2004 Date of Judgment:1970-01-01 Reported As: 2006 YLR 3106 Result: Petition allowed JUDGMENT JUDGMENT ' AKHTAR ZAMAN MALGHANI, J.---In this constitutional petition the petitioner has challenged validity of order dated 23-7-2004 passed by Special Judge, Anti-Terrorism Court-I, Quetta, whereby; application filed by the accused/private respondents under section 540, Cr.P.C. For calling Noor Ahmed as Court witness and sending empties to the Ballistic Expert for examination to ascertain whether the empties were fired by one or more weapons. Was allowed. 2. Briefly stated, facts of the case are that a case vide F.I.R. No,57 of 2003 was registered under sections 302/147/148/149, P.P.C. Against the private respondents in levies station, Khanozai, District Pishin. After usual investigation the challan was submitted before the Special Judge, Anti-Terrorism Court-I, Quetta. It appears from the record that during progress of prosecution evidence the accused/respondents moved an application under section 540, Cr.P.C. For calling Noor Ahmad son of Ahmed Khan as Court witness as well as sending the crime empties secured from the place of occurrence to the Ballistic Expert in order to ascertain the number of weapons from which these empties were fired. The learned trial Judge after hearing the parties allowed the application vide…
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