2019 YLR 2460 Judgment::: A material witness is a person with information alleged to be material concerning a criminal proceeding. The authority to detain material witnesses dates to the First Judiciary Act of 1789, but the Bail Reform Act of 1984 most recently amended the text of the statute.
S…540…Examination of material witness…Scope…Petitioner sought examination of Incharge Malkhana and the official who look the case property to chemical examiner, which application was dismissed by the trial court…Validity…Claim of prosecution was that case property after the alleged incident was initially kept at Malkhana of the police station and then it was sent to the chemical examiner for its analysis, therefore, witnesses sought to be examined by the prosecution appeared to be material in order to arrive at proper decision of the case…Technicalities were to be avoided by the court while dispensing the application of the prosecution under S. 540 CrPC to summon and examine its witnesses…High Court directed the trial court to summon and examine the said witnesses…Revision application was allowed.
Main Ingredients of 2019 YLR 2460 Judgment
Section 540 CrPC
Examination of material witness
Examination of incharge malkhana
CH MUHAMMAD SHAHID BHALLI
Advocate High Court