CRR No.2328 of 2009 Jasbir Singh vs. State of Punjab Present: Mr. Deepak Arora, Advocate for the petitioner. Mr. Mehardeep Singh, DAG, Punjab. Mr. S.S.Chatrath, Advocate for respondent No.2. **** This revision petition has been filed against the order dated 24.08.2009 whereby the evidence of the prosecution has been closed. The petitioner is the complainant. It is his averment that the complainant and the other injured/eye witnesses were duly examined but due to the fact that the prosecution agency was not proceeding with the due care, the evidence was closed. He has placed reliance on the document Annexure P-5, which is a series of zimini orders from 28.08.2008 till 06.08.2009. A perusal thereof tends to corroborate the allegation of the learned counsel for the petitioner that the prosecution had been lackadaisical, to say least, in ensuring the availability and statement of witnesses. Learned counsel has further argued that in the circumstances it would be bounded duty of the trial court to have initiated coercive steps to ensure the attendance of the witnesses who are stated to be either official witnesses or medical witnesses. Learned counsel for the accused has argued that the FIR is now 9 years old and this is only an attempt to flog a dead CRR No.2328 of 2009 -2- horse. Ld. Counsel for the petitioner states that for a large period of those 9 years, proceedings were stayed and only in the year 2007 trial had actually started. In my opinion, a conspectus of the facts mentioned above does reveal that the present was not a case where the evidence of the prosecution should have been closed. In the circumstances, the impugned order is set aside and I direct the trial court and respondent No.1 to conclude the entire evidence on the next two dates. Consequently, this revision petition is allowed. December 23, 2009 (AJAY TEWARI) sonia JUDGE