Criminal Misc. No. M- 13881of 2008 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M- 13881of 2008 Date of Decision: 17.3.2009 Joginder Singh …Petitioner Versus State of Punjab and Another …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. P.P.S. Duggal, Advocate for the petitioner. Mr. Anter Singh Brar, Deputy Advocate General, Punjab, for respondent No.1-State. Mr. D.S. Pheruman, Advocate for respondents No.2 and 3. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition has been filed under Section 482 Cr.P.C. read with Article 227 of the Constitution of India seeking quashing of order dated 20.5.2008 (Annexure P1) passed by the Additional Sessions Judge, Fast Track Court, Amritsar. The order of Additional Sessions Judge, Fast Track Court, Amritsar (Annexure P1) read as under:- “In this case, statement of Vijay Kumar Pharmacist has been recorded and he has stated that the requisite record was sent to the office of Joint Secretary and the same has not been received back from there and the record is not even traceable Criminal Misc. No. M- 13881of 2008 2 in the office of Joint Secretary and it has been lost and as such, the same cannot be produced. In view of the statement of Vijay Kumar that the record has been lost, the prosecution is allowed to produce secondary evidence regarding the said record. As such, PW Dr. Navpreet Kaur be summoned for 28.5.2008 who is posted at Guru Ram Dass Medical College Vallah, Amritsar”. This order has been assailed on following three grounds:- Firstly, it has been stated that no request was made by the prosecution to lead secondary evidence, therefore, the Court was precluded from seeking secondary evidence. Secondly, it has been stated that no notice in terms of Section 66 of the Indian Evidence Act has been issued. Thirdly, it has been submitted that original record regarding the alleged Medicolegal Report has not been knowingly and deliberately produced as the same was forged and fabricated and ante-dated. The duty of the Court is to dispense justice and arrive at truth. The Court is neither for the prosecution nor for the accused. If in aid of dispensation of justice, any document is necessary to adjudicate the matter, the Court is not precluded to seek that document by way of secondary evidence. The Court has recorded satisfaction that the requisite record has been lost and same cannot be produced. Therefore, powers of Court are not eclipsed from reconstructing the documents by way of secondary evidence. The evidence of PW.7 Dr. Navpreet Kaur was deferred as original medicolegal register was not Criminal Misc. No. M- 13881of 2008 3 available due to some enquiry. PW.7 Dr. Navpreet Kaur has stated about the injuries suffered by Balwinder Singh and Lovepreet Singh from the carbon copy of the original medicolegal register. Technicalities cannot stand in the way of Court. Therefore, before proceeding with the recording of the evidence, the concerned Court shall comply with the provisions of Section 66 of the Indian Evidence Act and give a notice to the concerned that carbon copies being secondary evidence are required to be proved on record. With these observations, present petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge March 17, 2009 “DK”