جيڪڏهن سرڪاري گواه شاهدي لا۽ پيش نه ٿيي ته ڪورٽ کي اختيار آ ته انجي سيلري روڪي ڇڏي ۽ جي پرائويٽ شاهد نٿو اچي ته انجي ملڪيت قبضي وٺي ڪورٽ کپائي سگهي ٿي.
Salary can be stopped by court of officials persecution witness he fails to appear before court for evidence after recoding the statement of Process Server. (Mujjan Ali Panhwar)
(a) Penal Code (XLV of 1860)---
---Ss. 324/148/149/109---Criminal Procedure Code (V of 1898), S.561-A---Constitution of Pakistan, Art.199---Attempt to commit qatl-e-amd, rioting armed with deadly weapons, abetment---Constitutional petition---Prosecution evidence closed for non-appearance of prosecution witnesses---Validity---Record had revealed that on a number of dates of hearing statements of prosecution witnesses could not be recorded due to non-attendance of accused before the court---Trial Magistrate had been issuing orders for summoning the prosecution witnesses through non-bailable warrants mechanically without ascertaining and verifying if the same were in fact issued and served on the witnesses---Trial Court did not appear to have adopted any coercive measures such as attaching the properties of the prosecution witnesses under Ss.87/88, Cr. P. C. ---Trial Courts were not helpless in procuring attendance of witnesses and dealing with the process serving agencies which neglected the discharge of their duties---Petitioner being an injured witness in the case was an affected person and he was fully competent to assail the impugned orders before the higher' forum---Constitutional petition was converted into petition under S.561-A, Cr.P.C. by the High Court in the interest of justice--Impugned orders closing the prosecution evidence in the case were set aside in circumstances with the direction to petitioner to produce all the private witnesses in the Trial Court within a specified period---Trial Court was directed to adopt all possible measures to procure attendance of prosecution witnesses to conclude the trial possibly within one month---Petition was allowed accordingly.
---Ss. 324/148/149/109---Criminal Procedure Code (V of 1898), S.561-A---Constitution of Pakistan, Art.199---Attempt to commit qatl-e-amd, rioting armed with deadly weapons, abetment---Constitutional petition---Prosecution evidence closed for non-appearance of prosecution witnesses---Validity---Record had revealed that on a number of dates of hearing statements of prosecution witnesses could not be recorded due to non-attendance of accused before the court---Trial Magistrate had been issuing orders for summoning the prosecution witnesses through non-bailable warrants mechanically without ascertaining and verifying if the same were in fact issued and served on the witnesses---Trial Court did not appear to have adopted any coercive measures such as attaching the properties of the prosecution witnesses under Ss.87/88, Cr. P. C. ---Trial Courts were not helpless in procuring attendance of witnesses and dealing with the process serving agencies which neglected the discharge of their duties---Petitioner being an injured witness in the case was an affected person and he was fully competent to assail the impugned orders before the higher' forum---Constitutional petition was converted into petition under S.561-A, Cr.P.C. by the High Court in the interest of justice--Impugned orders closing the prosecution evidence in the case were set aside in circumstances with the direction to petitioner to produce all the private witnesses in the Trial Court within a specified period---Trial Court was directed to adopt all possible measures to procure attendance of prosecution witnesses to conclude the trial possibly within one month---Petition was allowed accordingly.
(b) Criminal trial---
----Closing of prosecution evidence due to non-appearance of prosecution witnesses in Trial Court and failure of process serving agency to produce them in court---Guidelines for Trial Courts for action before closing prosecution -evidence.
If the prosecution witnesses do not appear and process serving agency fails to produce them before closing prosecution evidence, trial court was to follow the following guidelines.--
(a) The Presiding Officer shall verify if the summons/notices or the warrants of the prosecution witnesses are in fact issued and dispatched by Ahmad of the court.
(b) If the government officials, cited as prosecution witnesses do not appear before the court, after accepting service through summons/notices, the Presiding Officer may adopt coercive measures such as attachment of salary and also proceed to attach property of the private prosecution witnesses under S.87/88, Cr.P.C. after recording the statement of Process Server.
(c) In case service upon the prosecution witnesses is not effected by the subordinate staff, then the summons/notices or warrants of arrest of prosecution witnesses may be entrusted to the officers of the rank of A.S.-I. or S.I. of the Police Station concerned.
(d) If the Process Server is negligent in effecting service upon prosecution witnesses Presiding Officer may proceed against him under the provisions of Police Order, 2002 and also refer the matter to the District Police Officer concerned for initiating departmental proceedings under Efficiency and Discipline Rules and
(e) The Presiding Officer may also refer the matter to the District and Sessions Judge, for taking upon the matter in the monthly meeting of the Criminal Justice Coordination Committee.
P L D 2011 Lahore 551
Before Abdul Waheed Khan, J
Before Abdul Waheed Khan, J
MUHAMMAD SHAFI---Petitioner
Versus
ADDITIONAL SESSIONS JUDGE, KHARIAN DISTRICT GUJRAT and 8 others---Respondents
Versus
ADDITIONAL SESSIONS JUDGE, KHARIAN DISTRICT GUJRAT and 8 others---Respondents
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