1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Revision No. 1063 of 2009 Date of Decision: 15.10.2009 *** Karam Singh .. Petitioner Vs. State of Punjab & Ors. .. Respondents CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR, Present:- Mr. R.K. Kapila, Advocate for the petitioner. Mr. B.S. Sra, Addl. A.G. Punjab *** ARVIND KUMAR, J. The evidence of the prosecution in case FIR No. 254 dated 31.7.2007, under Section 306 IPC, P.S. Kharar has been closed by the order of the Court dated 6.4.2009, which has impugned by way of present petition by the complainant-petitioner, who is author of the FIR. The investigating officer has remained to be examined. It has been contended by learned counsel for the petitioner that the service upon the official witness was beyond his control and he cannot be made to suffer if the process serving agency of the police failed to procure the presence of this witness. Thus, it has been prayed that one more effective opportunity be granted to the prosecution for examining the investigating officer. Although, it was the last opportunity and intimation was sent to SSP, concerned, but it is not clear from the impugned order as to with what report the summons of investigating officer received back? Leaving that apart, this Court is of the considered opinion that the dispute between the parties is required to be disposed of on merits and not on the basis of technicalities. Rules and procedures are handmaid of justice and are meant for enhancing the same and not to scuttle it. Therefore, in the circumstances above, keeping in view the 2 prayer made by learned counsel for the petitioner, this Court is of the considered view that the petitioner-prosecution is entitled for one more effective opportunity for concluding its evidence. Accordingly, the impugned order datede 6.4.2009 is set aside. The trial Court is directed to grant one effective opportunity to the prosecution for its evidence. The service upon the investigating officer shall be effected through SSP concerned and it shall be open to the Court below to adopt coercive method for procuring the presence of the witness. After that the trial Court shall proceed with the case in accordance with law. (ARVIND KUMAR) JUDGE October 15, 2009 Jiten