GHULAM SARWAR vs GHULAM MUHAMMAD AND ANOTHER — 1971 PCRLJ 2

Citation: 1971 PCRLJ 2

Court: Lahore High Court

Year: 1970

Decision Date: 1970-09-24

Parties: GHULAM SARWAR vs GHULAM MUHAMMAD AND ANOTHER

Headnotes

Case cited as 1971 PCRLJ 2

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Khan Title: GHULAM SARWAR vs GHULAM MUHAMMAD AND ANOTHER Case No.: Criminal Revision No. 730 of 1970 Date of Judgment:1970-09-24 Reported As: 1971 P Cr. L J 2 Result: Petition accepted JUDGMENT JUDGMENT This is a petition under section 439, Cr. P. C. For revision of the order dated the 10th June 1970, passed by the learned Sessions Judge, Rawalpindi. 2. Ghulam Muhammad was being tried in the Court of Khan Muhammad Ansar Khan, Magistrate 1st Class, Rawalpindi, in a case under section 498/452, P. P. C. On the 15th October 1969, he made an application to have certain P. Ws. Recalled for purposes of cross-examination whom he had not been able to cross-examine earlier. The trial Court rejected the petition. He preferred a revision petition to the Court of the Sessions Judge, Rawalpindi. The learned Sessions Judge, after reference to section 257 of the Code of Criminal Procedure, held that after Ghulam Muhammad had entered upon his defence' and had applied to the Magistrate to issue any process for compelling the attendance of any witness "other than a witness whom the accused has cross-examined for the purposes of examination", the Magistrate shall issue such process unless he considers that such application should be rejected on the ground that it is made for the purposes of vexation or delay or for defeating the ends of justice. The learned Sessions Judge further found that the witnesses required by Ghulam Muhammad to be…

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