Petitioner is complainant of case FIR No, 329/2014 dated 7.6.2014 registered at Police Station Saddar Jalalpur Pirwala for the offence under Sections 302, 34, PPC against Respondents No, 1 and 2. During trial, he filed an application for re-summoning of PW-3 Dr. Muhammad Arshad Sahu in order to corss examine him as proposed in the application, which was dismissed by trial Court vide order dated 28.11.2016, which has been assailed through this petition.
2. Heard. Impugned order has been perused.
3. Application for re-summoning of the witness was filed on 21.10.2016 i,e, after about two years of registration of FIR. Learned counsel for petitioner/complainant was present before the trial Court at the time of recording statement of PW-3, however, no desire was expressed by him at that time to cross-examine said witness, despite the fact that the questions proposed in the application under Section 540, Cr.P.C. were already on surface/record. Grievance of petitioner/complainant is that the Medical Officer did not send samples for laboratory analysis correctly in order to determine cause of death. Pertinent to note here is that no effort was made by petitioner/complainant to proceed against the medical officer on departmental side for alleged inefficiency/mala fide. In the circumstances, I see no illegality or irregularity committed by learned trial Court while passing the impugned order. Therefore, petition in hand stands dismissed.