' SYED MUHAMMAD KAZIM RAZA SHAMSI, J. --This criminal miscellaneous petition filed under Section 561A, Cr.P.C. Is directed against the order dated 22.06.2015 passed by the learned Addl.
Sessions Judge, Faisalabad whereby the order passed by the learned Judicial Magistrate dated 10.12.2014 was maintained and it was observed that the document lqrar-nama Ex.P.B was rightly de-exhibited by the Court.
2. This petition has arisen out of the circumstances that during the trial proceedings the learned Judicial Magistrate on 25.03.2014 recorded the examination-in-chief of three prosecution witnesses in the absence of learned defence counsel and during the examination-in-chief of complainant document lqrar-nama was tendered in evidence, upon which the Court had marked as Ex.P.B. Later on application was filed by Muhammad Khalid before the Court for de-exhibiting the document on the ground that document was not the part of police investigations nor the Investigating Officer had taken into possession that document, therefore, that document cannot be tendered in evidence. The learned Judicial Magistrate while agreeing with the contention of that applicant, vide order dated 10.12.2014, allowed the application and de-exhibited the lqara-nama.
3. Against the order revision petition was filed by the complainant, which was dismissed by the Court on the same premises which had prevailed upon the mind of learned Judicial Magistrate, hence, this petition.
4. After hearing the parties and perusing the record, it is found that during recording of the statement of the complainant the document was tendered in evidence which was exhibited as Ex.P.B. It is further noticed that said document was not the part of the investigations nor the same was taken into possession by the police through any recovery memo. The document has not been mentioned in the final report submitted by the police under Section 173, Cr.P.C. So in this manner it was surprise for the defence to see that documentation the file of the Court. Learned Judicial Magistrate has rightly allowed the request of respondent and de-exhibited the document, which is not the part of the process of collection of prosecution evidence. It follows that only those documents could be tendered in the evidence, which have been proved in accordance with the Qanoon-e-Shahadat Order, 1984 or against whom the law has provided presumptions of truth. The documents prepared by the private party are required to be proved by producing its scribe as well as attesting witnesses of the same, which can only be done at the stage, when the investigations are carried out in the criminal case.
5. In the instant case, the said document neither was tendered to the police for recording the statement of scribe and attesting witnesses of the same nor it was made part of prosecution evidence, so, presenting that document in the examination-in-chief of witness does not render a document admissible in evidence. The learned Courts below while exercising the jurisdiction in allowing the application of the respondent has not committed any jurisdictional illegality, therefore, the impugned orders do not require any interference by this Court.
6. For the foregoing reasons, the petition in hand having no merits is dismissed.