MOHAMMAD SULTAN MALIK Vs. RAJA

JUDGEMENT

(1.) A party has no right to summon a witness u/s 540 It is on the other hand the out look of the Court itself whether or not to summon a person as a witness u/s 540. Where a court refuses to exercise des-creation by not summoning a person or otherwise, it cannot by doing so said to have decided any right of the parties. Such an order is interlocutory in nature against which no revision is competent.

(2.) The parties are absent despite the facts that they were directed by Session Judge, Badgam, to appear in the court is person. Even so, the reference is utterly misconceived. An order passed by Munaiff Judicial Magistrate Chadura refusing to recall a witness u/s 540 Cr. Pr. Code was challenged in revision before the learned Sessions Judge. The learned Sessions Judge on examining the record of the case, was of the opinio that the material on the record justified resummoning of the winness by the court in exercise of its power u/s 540. A party has no right to summon a witness u/s 540. It is on the other hand the out look of the court itself whether or not to summon a person as a witness u/s 540. Where a court refuses to exercise its discretion by not summoning a person or otherwise, it cannot by doing so said to have decided any right of the parties for as already, stated no right in a party.