In the High Court of Punjab and Haryana at Chandigarh Crl.Rev.No. 2672 of 2010 (O&M) Date of decision: 27.9.2010 M/s Shree Bala Ji Enterprise ......Petitioner Versus M/s Sarswati Pulp Pakages and others .......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.M.K.Singla, Advocate, for the petitioner. **** SABINA, J. This petition has been filed under Section 401 of the Code of Criminal Procedure challenging order dated 22.9.2010 passed by the Judicial Magistrate, Ist Class, Sangrur, whereby dasti summons were not issued by the trial Court for summoning the clerk of the Sales Tax Department. Learned counsel for the petitioner has submitted that the petitioner, after obtaining the certified copy of the order passed by this Court allowing one opportunity to the petitioner to examine the clerk of the Sales Tax Department, had approached the said department but the petitioner was told that unless the clerk is summoned by the Court, he cannot be allowed to appear in the Court Crl.Rev.No. 2672 of 2010 (O&M) -2- with the concerned record. Learned counsel has further submitted that the dasti summons be issued qua the clerk of the Sales Tax Department for 28.9.2010 and in case the witness does not appear, the petitioner will not seek another opportunity to examine the said witness. The petitioner will get the service of the dasti summons effected on the clerk of the Sales Tax Department and in case the service is not effected for any reason and even in that event, the petitioner will not make a complaint to the Court in this regard nor will seek another opportunity to examine the clerk of the Sales Tax Department. After hearing learned counsel for the petitioner, in the interest of justice, it would be just and expedient to issue dasti summons for summoning the clerk of the Sales Tax Department so that the witness can appear before the Court along with the relevant record. Accordingly, this petition is allowed. The trial Court is directed to issue dasti summons for summoning the clerk of the Sales Tax Department for 28.9.2010. A copy of this order be given under the signatures of the Court Secretary. SABINA) JUDGE September 27, 2010 anita