' Through this petition order dated 28.07.2015 passed by learned Special Judge Anti-Corruption, Dera Ghazi Khan has been impugned, whereby an application filed by petitioner under Section 540, Cr.P.C. Was dismissed.
2. Petitioner is facing trial in case FIR No. 11/2009 dated 19.08.2009 under Sections 420, 467, 468, 471, 161, PPC read with Section 5(2) of Prevention of Corruption Act, 1947 registered with Police Station Anti-Corruption, Layyah. He filed an application under Section 540, Cr.P.C. With the prayer that Registeree Moharrir of Sub-Registrar Office Kehror alongwith record of Sale-Deed No. 587 dated 24.12.1989 be summoned as witness. His application was dismissed by learned trial Court vide impugned order.
3. Heard, impugned order has been perused.
4. It was alleged by prosecution that registered Sale-Deed No. 587 was a bogus document.
Contention of petitioner is that said document was a genuine document registered in accordance with law and that petitioner had also obtained attested copy of said sale deed. Learned trial Court in the impugned order relied on report of record keeper on backside of application form, according to which said Sale-Deed No. 587 was nowhere available in the record. It is matter of record that an application was moved by prosecution with the similar prayer but learned trial Court dismissed said application vide order dated 14.02.2015. In the peculiar facts and circumstances of this case, to summon the proposed witness along with record was sine qua non for ascertaining real facts regarding stance of the parties. As such, learned trial Court erred while passing the impugned order, which is not sustainable.
5. For the reasons recorded above, this criminal revision is hereby allowed and impugned order is set aside: Application moved by petitioner under Section 540, Cr.P.C. Is allowed. Learned trial Court shall summon Registeree Moharrir as witness along with record of aforementioned sale deed and parties will be provided an opportunity to cross-examine said witness.