Crl.Rev.No.448 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.Rev.No.448 of 2009 Date of Decision: 25.2.2009 Sukhwinder Singh @ Binder Singh .....Petitioner Vs. State of Punjab ....Respondent .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. Mohd.Yousaf, Advocate for the petitioner. Mr.Abhishek Chautala, AAG, Punjab. .... RAJIVE BHALLA, J (Oral) By way of present petition, the petitioner impugns an order dated 7.2.2009, passed by the Special Court, Patiala, disallowing the summoning of Zimni No.10 dated 10.12.2001. Counsel for the petitioner submits that after a thorough investigation by the Superintendent of Police (HQ), Patiala, the petitioner was discharged. He was subsequently summoned under Section 319 of the Code of Criminal Procedure. The petitioner made an attempt to summon the aforementioned enquiry file, but as the enquiry file was not traceable, he filed an application for summoning of Zimni No.10 dated 10.12.2001, which refers to the enquiry and for summoning of witnesses given up by the prosecution. The learned trial Court allowed the summoning of the witnesses, but declined the prayer for summoning of Zimni No.10 dated Crl.Rev.No.448 of 2009 2 10.12.2001, on the ground that a zimni recorded by the police during investigation cannot be summoned, as evidence. It is submitted that at the stage of summoning additional evidence, a Court cannot consider the weight to be attached to a particular piece of evidence and, therefore, the revision petition be allowed and the impugned order be set aside. Counsel for the State of Punjab, on the other hand, submits that as the impugned order does not suffer from any error of jurisdiction or of law, the present petition be dismissed. The petitioner has no vested right to summon a zimni recorded during investigation, as a zimni is a mere record of the Investigating Officer's investigation. I have heard learned counsel for the parties and perused the impugned order. The learned trial Court has rejected the petitioner's prayer for summoning the zimni by holding that a zimni cannot be summoned in evidence. The question that required consideration was, whether the contents of the zimni are relevant to the petitioner's defence or not. Its evidentiary value and the weight to be assigned are to be considered during the trial. The petitioner has been compelled to summon the zimni, as the original report declaring him innocent is not traceable. In view of what has been stated herein above, the present petition is allowed. The order dated 7.2.2009 is set aside, insofar as it declines the prayer for summoning Zimni No.10 dated 10.12.2001. The learned trial Court shall direct the concerned office to produce Zimni No.10 dated 10.12.2001 on a date to be fixed by the trial Court. It is, however, made clear that this order shall have no bearing on the evidentiary value or weight to be assigned to Zimni No.10 dated 10.12.2001. Crl.Rev.No.448 of 2009 3 Parties are directed to appear before the trial Court on 19.3.2009. 25.2.2009 (RAJIVE BHALLA) GS JUDGE