IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** Criminal Misc. No. M-7528 of 2008 (O&M) Date of Decision: 25.03.2008 Gurcharan Singh .....Petitioner Vs. State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. S.K.Laddi, Advocate for the petitioner. ***** RAJESH BINDAL J. The challenge in the present petition is to the order passed by the learned Sub Divisional Judicial Magistrate, Nabha whereby in an application filed by the prosecution, permission has been granted to summon the site plan dated 29.6.2001 from the Office of Senior Superintendent of Police, Patiala by way of secondary evidence. Necessity to file the application arose as the site plan though was found to be mentioned in the challan presented under Section 173 Cr.P.C but was not found on the judicial file. It is averred that the carbon copy of the same was submitted to the Senior Superintendent of Police Office at the same time, which has been directed to be summoned to prove the site plan in secondary evidence. Learned Magistrate has accepted the prayer by the prosecution and held that no prejudice is being caused to the petitioner in case the site plan is allowed to be proved by way of secondary evidence. The site plan which has been summoned from the Senior Superintendent of Police Office is carbon copy of the site plan which was prepared at the relevant time and the original of which was supposed to be filed with the challan presented in the Court. Keeping the above facts in view, I do not find any illegality in the order passed by the Court below. Dismissed. March 25, 2008 ( RAJESH BINDAL ) renu JUDGE