IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-34045 of 2010. [O&M] Date of Decision: 26th May, 2011. Amrik Singh@ Mika Petitioner through Mr. H.S.Sirohi, Advocate Versus State of Punjab Respondent through Mr. M.C.Berry, Addl.AG, Punjab. CORAM: HON'BLE MR. JUSTICE SURYA KANT. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? SURYA KANT, J. [ORAL] The petitioner seeks his enlargement on regular bail in the case FIR No.177 dated 15.11.2008, registered under Section 302 IPC at Police Station Kapurthala. As per the allegations contained in the FIR, the petitioner allegedly hit the father of the complainant with a brick near his left eye, due to which the complainant's father fell down and thereafter the petitioner gave Datar blow on his chin and mouth. He was declared dead when brought to the Civil Hospital, Kapurthala. There were 18 prosecution witnesses and all of them have been examined. However, only the examination-in-chief of the complainant – Tejbir Singh could be recorded on 04.05.2010 as the case was adjourned on the request of the defence counsel for his cross-examination. It appears that more than one opportunity was granted to the defence counsel to cross-examine the said witness but it could not take place. Meanwhile, the complainant – Tejbir Singh has gone abroad [USA] apparently in an illegal manner. As per the affidavit filed by Kulwant Singh, DSP, Sub Division, Kapurthala, in terms of the directions issued by this Court vide order dated 04.05.2011, the factum of the complainant having gone to USA has been got verified and it has been informed by Hakam Singh – grandfather of the complainant that the latter has gone to USA where his entire family is living. The grandfather of the complainant has not given the address and phone number of the complainant and as such the police authorities are unable to make any contact with him. Learned State Counsel, on instructions, submits that efforts are still being made to trace out Tejbir Singh and persuade him to come and appear for cross-examination. The petitioner is in custody since 14.11.2008. In these circumstances, when the complainant himself, whose father was allegedly murdered by the petitioner, has created the total uncertainty, I deem it appropriate to dispose of this petition with a direction to the learned trial Court that even after giving reasonable opportunity to the police authorities to establish contact with the complainant and/or impress upon him to return India for his cross- examination, if the complainant does not turn up, the trial Court shall decide the case on the basis of the remaining evidence on record, as early as possible and preferably before 31.07.2011. Disposed of. Dasti. May 26, 2011. ( SURYA KANT ) dinesh JUDGE