Petitioner is being tried by the Learned Additional Sessions Judge, Mianwali for offence under section 302, P. P. C. The prosecution has concluded its evidence and the case is at the defence stage now. On 13th January, 1982 petitioner applied to the trial Court for summoning Nazar Hussain Shah, A. S.-I. As a Court-witness because he had partly investi--gated the case and failure of the prosecution to examine him as prosecu--tion witness had prejudiced the case of the petitioner.
The Learned Additional Sessions Judge, Mianwali rejected that application and petitioner has challenged his order dated, 19th January, 1982, before this Court in revision.
2. Learned counsel for the petitioner submits that Nazar Hussain Shah A. S.-I. Was an important witness who bad partly investigated this case. Learned counsel urges that failure of the trial Court to summon him as Court-witness under section 540; Cr. P. C. Has prejudiced the case of the petitioner and the trial Court has committed illegality in refusing petitioner's application. Learned counsel for the State and for the complainant have submitted that Nazar Hussain Shah A. S.-I. Only partly .Investigated this case for three days in order to remove certain objections and that he can be summoned as defence witness by the accused. Learned counsel have also submitted that the Court bad discretion to giant or refuse the application for summoning the said person as a Court witness and no illegality has been committed to justify interference by this Court in revision.
3. The failure of prosecution to examine Nazar Hussain Shah A. S. I. May or may not have its effect on the result of the trial but no prejudice has been shown to point out illegality in the proceedings of the trial.) The trial Court had discretion to summon him as a Court-witness and by refusing the application of petitioner the learned Additional Sessions Judge has committed no illegality. Nazar Hussain Shah A. S.-I. Was no an important witness according to prosecution because he partly investi--gated the case only for three days to remove certain objections. In the circumstances of the case I am not inclined to interfere with the order dated, 19th January, 1982, passed by the Learned Additional Sessions Judge, Mianwali and dismiss this petition of revision.