RASHID AZIZ KHAN, J.- The facts leading to the filing of this revision are that petitioner is facing trial along with another for an offence under section 302/34 PPC. The case is pending before Sessions Judge, Kasur. Petitioner had moved an application under section 540 Cr.P.C, for the summoning of Dr. Noman Shah, Medical Officer District Jail, Kasur, as a Court witness but the same was dismissed on 3-1-1994. Present revision is against the said order.
It was contended by learned counsel for the petitioner that examination of the said Doctor was absolutely essential for the just decision of the case. If the said doctor was not examined the case of the petitioner would be highly prejudiced. Argued that there would not be any delay in the conclusion of the trial because the said doctor is available at Kasur and within one day his statement can be concluded. Petitioner was resisted by learned Assistant Advocate-General.
2. I have heard the learned counsel and gone through the i.e. Ghulam against the accused was submitted and charge was framed on 16-11-1992. Thereafter prosecution examined 14 witnesses and closed its case on 19-4-1993. The statement of the petitioner and his/co-accused along with 2 D.Ws. Was recorded on 23-8-1993. Thereafter the case was fixed for arguments. On each date the accused persons would get adjournments on one pretext or the other till 9-12- 1993. They filed an application under section 540 Cr.P.C. No explanation has been given why the application was filed with such a delay. After going through the order I find cogent reasons have been given. The trial Court also came to the conclusion that the evidence of doctor Noman Shah as Court witness, does not appear to be essential for the just decision of the case. Neither any illegality nor impropriety has been pointed out by learned counsel to warrant interference by this Court. Petition fails which is dismissed.