The law gives the power to courts to call for the Re-Examination of Witness of any person who had already cross-examined. Section 540 of Cr.PC is very 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 proceedings 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.
Read Also: Format of Application Under Section 22-A Cr.PC To Register Criminal Case
Format of Application For Summoning Witness
The format of application for summoning and further re-examination of witnesses is as under:
IN THE COURT OF LEARNED ADDITIONAL AND SESSION 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 the case diary, which requires explanation, 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 the above referred PW as a court witness with permission to the applicant/complainant to cross-examine him. In order to bring a 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, the fair and truthful conclusion of said case.
Cr.p.c me total 484 sections Hain
Aur aap ne section 540 hawala de rkha hai jabki re examination evidence section 138 me Hai.
sorry Dear Pakistan’s criminal procedure code has 565 sections. but the procedure followed in India and Pakistan is almost same.
Sorry me samajh RHA Tha ki aap India SE ho