Crl.Misc.No.M-28858 of 2008 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No. M-28858 of 2008 Date of Decision: 10 - 3 - 2009 Manjit Kaur @ Krishana .....Petitioner v. State of Punjab and others .....Respondents CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Anil Chawla, Advocate for the petitioner. Mr.Mehardeep Singh, AAG, Punjab. Mr.Malkeet Singh, Advocate for respondents No.2 to 4. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) I have heard counsel for the parties. Impugned order dated 5.9.2008, Annexure P-1, reveal that the thumb impressions of deceased Tara Singh were got compared with the thumb impressions allegedly affixed by him in the register maintained by Scribe Gulshan Kumar. The Forensic Science Expert has submitted the report and the trial Judge has agreed that the report of the Expert submitted in the complaint case can also be read in the FIR case. However, the trial Judge has not considered the application, Annexure P-2 dated 28.7.2008 wherein it was stated that thumb impressions of Harminder Singh and Crl.Misc.No.M-28858 of 2008 [2] Gurdeep Singh were taken by the Investigating Officer/SHO on 11.4.2007 and same were sent to SHO, Phillaur on 26.9.2007 for comparison. The SHO instead of getting the thumb impressions compared, had returned the same to the Court on 27.5.2008. Counsel for the petitioner submit that thumb impressions already taken were in possession of SHO and now as same are in possession of the Court, are required to be compared with the thumb impressions on power of attorney. The trial Court has declined the prayer on the ground that present case pertains to the year 1999 and this will amount to fill up the lacuna. Journey of the Court is to find the truth and not to foreclose the right of any party on technicalities. Accordingly, order dated 5.9.2008, Annexure P-1 passed by the trial Court is set aside. Application Annexure P-2 preferred by counsel for the complainant-petitioner is allowed. Thumb impressions of Harminder Singh and Gurdeep Singh, as prayed, be got compared with the thumb impressions on power of attorney. After receipt of the report, the trial Court shall conclude the trial within three months. Petition is disposed off. ( KANWALJIT SINGH AHLUWALIA ) March 10, 2008. JUDGE RC