IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-21074 of 2009 (O&M) Date of Decision: October 26, 2009 Deep Raj Singh … Petitioner Versus State of Punjab and others …Respondents CORAM: HON’BLE MR. JUSTICE S.D. ANAND. Present: Mr.D.P.S. Kahlon, Advocate, for the petitioner. Mr. B.B.S. Teji, AAG, Punjab. Mr. Ashok Saini, Advocate, for the applicant. S.D. Anand, J Crl. Misc. No. 53727 of 2009 On consensual basis, the Crl. Misc. application shall stand allowed. Applicant – Daswandh Singh son of Gurbachan Singh is allowed to be impleaded as respondent No.4. The reply filed by respondent no.4 is taken on record. Crl. Misc. No.M-21074 of 2009 Crl. Misc. No. M-21074 of 2009 The petitioner and respondent No.4 are the litigating private parties in case FIR No.137 dated 20.10.2002, which is otherwise being prosecuted by the official respondents as instrumentalities of the Punjab State. In the course of the trial, the learned Trial Judge noticed that Dr. Paramjit Kaur had reportedly gone over to Africa. On that premise, and also in view of the fact that the prosecution had been granted last opportunity for adducing evidence but it had not been able to produce any other evidence, the learned Trial Judge proceeded to order closure of the prosecution evidence. The learned State counsel, under instructions from the local police, informs that Dr. Paramjit Kaur has since returned to India and is bed ridden in her house. In this case, the accused face charges under Sections 307, 326, 324, 323/34 IPC. Dr. Paramjit Kaur is averred to have medico-legally examined the injured PWs. The testimony of Dr. Paramjit Kaur, by the very nature of things, would have fairly relevant bearing on the ultimate finding in the litigation. In the normal course of thing, if a witness of that category is not available for making a statement, the Court seized of the matter could resort to the recording of the best alternative evidence, if a plea in the relevant behalf came to be filed on behalf of the party concerned. We need not, 2 Crl. Misc. No. M-21074 of 2009 however, detain ourselves on this controversy because Dr. Paramjit Kaur is averred to have returned to India in the meantime. The learned State counsel points out that Dr. Paramjit Kaur is bed ridden due to a disc problem. In support of the averment, the learned State counsel draws sustenance from the statement dated 25.10.2009 which had been made by Dr. Paramjit Kaur to the police. She had the occasion to make her statement when the police went over there to ascertain whether she was still overseas or had since returned to India. The learned counsel state that, in the light of the position aforementioned, they shall have no objection if the learned Trial Court appoints a Local Commissioner for recording the statement of Dr. Paramjit Kaur. In view of the above noted consensual position, the petition shall stand allowed. The impugned order dated 24.09.2008 shall stand quashed to the extent it relates to the testimony of Dr. Paramjit Kaur. The learned Trial Court shall proceed to appoint a Local Commissioner to record the statement of bed ridden Dr. Paramjit Kaur in accordance with law. Disposed of accordingly. October 26, 2009 ( S.D. Anand ) vkd Judge 3