' This revision is directed against the order dated 24-7-2002 passed by the learned Additional Sessions Judge, Layyah, whereby he refused to issue any process to compel the attendance of Muhammad Aslam Bhatti, as defence witness.
2. The relevant facts are that the petitioner is facing trial in a complaint case titled Muhammad Arshad v. Altaf Hussain and others for offences under sections 302/324/148/149, 1-.?.C. On 24-7- 2002 the petitioner moved an application that Muhammad Aslam Bhatti, who had been serving as Officer in the Bank of Punjab, 102 Chattan Building Branch, Lahore, may be summoned as D.W.
Through the process of Court. The learned trial Court refused to issue any process for attendance of the aforementioned D.W. And dismissed the application of the petitioner mainly on two grounds:-
(i) That the certificate issued by Muhammad Aslam Bhatti was handed over to Altaf Hussain petitioner without direction of any authority, therefore, Altaf Hussain accused was quite competent to produce Muhammad Aslam Bhatti on his own, as D.W.; and
(ii) that Altaf Hussain petitioner and Muhammad Aslam Bhatti (D.W.) had been working together as colleagues.
' Hence the trial Court 'did not think it proper to summon Muhammad Aslam Bhatti, Ex.-Manager of the Bank of Punjab. However, the petitioner was allowed to produce Muhammad Aslam Bhatti as defence witness on his own.
3. The learned counsel for the petitioner has argued that it was the mandatory duty of the trial Court to issue process for compelling the attendance of any witness for examination or the production of any document or other thing if, the accused wanted to produce evidence in his defence.
4. Conversely, the learned counsel for the State has resisted this revision petition and has argued that the trial Court has allowed the petitioner to produce Muhammad Aslam Bhatti, as a witness in his defence, therefore, it was not necessary to issue process to compel his attendance.
5. I have heard the learned counsel for the parties and gone through the impugned order. It is not denied that Muhammad Aslam Bhatti issued a certificate in favor of -the petitioner, which supported the petitioner's plea of alibi. Admittedly Muhammad Aslam Bhatti is still in service and presently he is working as Manager, Bank of Punjab, Ghari Shahu Branch, and Lahore. A bare perusal of subsection (7) of section 265-F, Cr.P.C. Makes it clear that the trial Court could refuse summoning of D.Ws. Through process of Court only if the trial Court considered that the purpose of application for summoning of D.Ws. Was to cause vexation or delay or defeating the ends of justice, by recording such grounds in writing. The order passed by the learned trial Court is barren as the aforementioned reasons are not mentioned therein. Thus I allow this petition and set aside the order dated 24-7-2002, passed by the learned trial Court. The trial Court is directed to summon Muhammad Aslam Bhatti, Manager, Bank of Punjab, Ghari Shahu Branch, Lahore, as D.W., by issuing of process of Court, in the interest of justice.