The law gives the power to courts to call for Re-Examination of Witness of any person who had alredy cross-examined. Section 540 of CR.PC is ery much clear on that point. The exact wording of this section is as under:
“Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it essential to the just decision of the case.”
To call any person as a court witness or to re-examine the witness, a written application is filed for seeking the permission of the court.
The format of ths appication is as under:
IN THE COURT OF LEARNED ADDITIONAL ANDSESSION JUDGE, RAWALPINDI
In the matter of:
Abc etc Vs The State
Case FIR No:___ Dated ____ Offence under Section 302/148/149 PPC, Police Station Chauntra Rawalpindi
APPLICATION U/S 540 CR.PC FOR SUMMONING PW___ FOR FURTHER RE-EXAMINATION OF WITNESS
- That the applicant is the complainant in the above-referred case.
- That during the investigation, the original investigating officer made certain observations in favor of accused namely______ his father and uncle, who was a police constable. Later on, the said investigating officer has not appeared before the court. It is worth mentioning here that above mentioned accused remained subordinate of that original investigating officer.
- That during the course of PW____ he has given certain answers relating to case diary, which requires explaination, in the interest of justice for reaching to a just fair and truthful conclusion.
- That for achieving truthful conclusion, it is extremely important to summon above referred PW as court witness with the permission to the applicant/complainant to cross-examine him. In order to bring proper explanation of certain facts brought during cross-examination.
- That in case the above mentioned PW is not summoned and the applicant is not allowed to re-cross-examination him, the applicant shall suffer an irreparable loss.
In view of the above, it is, therefore, most humbly prayed that the PW___ may kindly be resummoned as court witness also allows further re-examination of the witness in the instant case in the interest of justice, for achieving just, fair and truthful conclusion of said case.