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Petitioner: MUHAMMAD SIDDIQUE VS Respondent: FATEH MUHAMMAD
Court Name: Lahore High Court Judge(s): Sh. Riaz Ahmad Title: MUHAMMAD SIDDIQUE vs FATEH MUHAMMAD Case No.: Criminal Revision No, 249 of 1989 Date of Judgment:1989-05-02 Reported As: 1989 P Cr. L J 1879 Result: Petition allowed
JUDGMENT
JUDGMENT ' In this case, the empties and guns were sent to the Forensic Science Laboratory but during the course of the trial, the report of the expert was not produced. After the close of the prosecution evidence, an application was moved for summoning of the expert along with the report. The said application was declined and hence this revision petition has been filed. 2. Learned counsel for the respondents vehemently opposes and states that this is a belated application and, therefore, the same was justifiably dismissed. It is further submitted by the learned counsel for the respondents that for three years, the challan was pending and ample opportunity existed for summoning the expert and for bringing the report on the record of the trial Court but no action was taken and, therefore, at this belated stage, the expert should not be summoned along with the report. 3. I have carefully considered all these arguments and I have also examined the various aspects of the case. As far as section 540, Cr.P.C. Is concerned, the same confers very wide powers on the Court, provided, the evidence to be produced is essential to the just decision of the case. Admittedly, the empties and the guns were recovered and, therefore, I am of the view that the production of the expert along with the report is essential to the just decision of this case. Accordingly, I set aside the order impugned dated 30th of April, 1989. 4. The learned trial Court is directed to summon the expert along with the report and the same shall be brought on record in accordance with law. It is further directed that trial Court should not further delay the matter and decide this case within three weeks. ' With these observations, this petition is allowed.