CRM No. M-32963 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M-32963 of 2011 (O&M) Date of decision: 02.11.2011 Gurvinder Singh ....Petitioner Versus State of Haryana and others ....Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. Parminder Singh, Advocate, for the petitioner. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) By way of present petition, petitioner/complainant is assailing order dated 5.9.2011 passed by Judicial Magistrate, Ist Class, Karnal, whereby evidence of the prosecution was directed to be closed. Learned counsel for the petitioner has vehemently argued that no summon was ever issued to the Investigating Officer and petitioner/complainant has never received any information, therefore, they could not appear before the trial Court for recording their statements on oath. Learned counsel has further argued that within the time fixed by this Court petitioner/complainant shall appear before the trial Court for recording of his statement and shall also get issued summon to the Investigating Officer for his statement. Notice of motion. On being asked, Mr. Gaurav Dhir, learned Deputy Advocate CRM No. M-32963 of 2011 (O&M) -2- General, Haryana, has accepted notice on behalf of respondent No.1. No need to issue notice to respondents No.2 to 5. With the consent of learned counsel appearing for the parties, present petition is being disposed of at this stage. Having perused zimni orders, as reproduced in the petition, I am satisfied that no summon was ever issued to the Investigating Officer for recording of his statement. In the peculiar facts and circumstances of the case, this Court is of the opinion that last opportunity should be granted to the prosecution for recording of the statement of the prosecution witnesses. Present petition is disposed of with the direction to learned Magistrate to give a date in the case for recording the statement of the complainant and Investigating Officer. Learned Magistrate shall also issue summon to the Investigating Officer for the date fixed. On the date fixed, statement of the complainant and Investigating Officer shall be recorded on day-to-day basis. If the respondents feel aggrieved by this order they shall have an opportunity to approach this Court. (Alok Singh) Judge November 02, 2011 R.S.