{"id":454,"date":"2016-12-20T15:35:17","date_gmt":"2016-12-20T15:35:17","guid":{"rendered":"http:\/\/atmateen.com\/?p=454"},"modified":"2016-12-20T15:35:17","modified_gmt":"2016-12-20T15:35:17","slug":"format-of-application-for-summoning-and-further-re-examination-of-witness","status":"publish","type":"post","link":"https:\/\/atmateen.com\/format-of-application-for-summoning-and-further-re-examination-of-witness\/","title":{"rendered":"Format of Application For summoning and Further Re-Examination of Witness"},"content":{"rendered":"\n

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:<\/p>\n\n\n\n

“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.”<\/p><\/blockquote>\n\n\n\n

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.<\/p>\n\n\n\n

Read Also:<\/strong> Format of Application Under Section 22-A Cr.PC To Register Criminal Case<\/a><\/p>\n\n\n\n

Format of Application For Summoning Witness<\/h2>\n\n\n\n

The format of application for summoning and further re-examination of witnesses is as under:<\/p>\n\n\n\n

IN THE COURT OF LEARNED ADDITIONAL AND SESSION JUDGE, RAWALPINDI<\/strong><\/p>\n\n\n\n

In the matter of:<\/p>\n\n\n\n

Abc etc      Vs     The State<\/strong><\/p>\n\n\n\n

Case FIR No:___ Dated ____ Offence under Section 302\/148\/149 PPC, Police Station Chauntra Rawalpindi<\/p>\n\n\n\n

APPLICATION U\/S 540 CR.PC FOR SUMMONING PW___ FOR FURTHER RE-EXAMINATION OF WITNESS<\/span><\/strong><\/p>\n\n\n\n

Respectfully Sheweth:<\/p>\n\n\n\n

  1. That the applicant is the complainant in the above-referred case.<\/li>
  2. 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.<\/li>
  3. 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.<\/li>
  4. 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.<\/li>
  5. 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.<\/li><\/ol>\n\n\n\n

    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.<\/p>\n\n\n\n

    Petitioner<\/strong><\/p>\n\n\n\n

    Through<\/strong><\/p>\n\n\n\n

    Counsel<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

    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 […]<\/p>\n","protected":false},"author":5,"featured_media":455,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6],"tags":[166,492,496],"blocksy_meta":{"styles_descriptor":{"styles":{"desktop":"","tablet":"","mobile":""},"google_fonts":[],"version":6}},"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/atmateen.com\/wp-json\/wp\/v2\/posts\/454"}],"collection":[{"href":"https:\/\/atmateen.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/atmateen.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/atmateen.com\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/atmateen.com\/wp-json\/wp\/v2\/comments?post=454"}],"version-history":[{"count":0,"href":"https:\/\/atmateen.com\/wp-json\/wp\/v2\/posts\/454\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/atmateen.com\/wp-json\/wp\/v2\/media\/455"}],"wp:attachment":[{"href":"https:\/\/atmateen.com\/wp-json\/wp\/v2\/media?parent=454"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/atmateen.com\/wp-json\/wp\/v2\/categories?post=454"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/atmateen.com\/wp-json\/wp\/v2\/tags?post=454"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}