#Case_Law on #Additional witnesses #Due process of law #S-265-F(3) of Cr.P.C #S-161 of Cr.P.C.

 2016  PCrLJ  197     

KARACHI-HIGH-COURT-SINDH

Ss. 265-F (3), 493 & 540---Constitution of Pakistan, Art. 10A---Additional witnesses---Complainant's counsel---Status---Due process of law---During trial, application was filed on behalf of complainant to summon two persons as prosecution witnesses, who were not included in calendar of witnesses---Application filed by complainant was dismissed by Trial Court---Validity---Witnesses who were not named in Challan could not be introduced by complainant unless their evidence would appear to Trial Court essential for the just decision of the case---Counsel for complainant could only assist prosecution and while producing their own witnesses independently, complainant stepped out of the position of assisting the prosecution---Order passed by Trial Court covered provisions of S. 265-F(3), Cr.P.C.---Without a gist of evidence of prosecution witnesses recorded by Investigating Officer under S. 161, Cr.P.C. provided to opposite side, examination of such witnesses by court at the instance of complainant would be violation of Art. 10A of the Constitution---High Court declined to interfere in the order passed by Trial Court---Revision was dismissed in circumstances.