IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-21985 of 2010(O&M) Date of decision: 15.9.2010 Mota Singh Deol ......Petitioner Vs. State of Punjab ...Respondent CORAM:- HON'BLE MRS.JUSTICE DAYA CHAUDHARY. PRESENT: Mr.Rakesh Bhatia, Advocate, for the petitioner. **** ORDER Crl.Misc.No.46979 of 2010 The present application is for placing on record the medical certificate Annexure P-4. Crl.Misc.is allowed and document Annexure P-4 with the application is taken on record. Crl.Misc.No.46980 of 2010 Application is allowed as prayed for. Crl.Misc.No.M-21985 of 2010 The present petition has been filed for setting aside order dated 7.7.2010 passed by Judicial Magistrate Ist Class, Phagwara, whereby the evidence of the prosecution was ordered to be closed without examining the petitioner. Learned counsel for the petitioner submits that the petitioner is an old man of 65 years and had undergone heart surgery and implanted heart valves from Fortis Hospital and he was Crl.Misc.No.M-21985 of 2010 [2] advised rest for three months w.e.f. 12.4.2010 and due to that ailment, he could not conclude his evidence before the trial Court. The evidence of the prosecution was closed by order dated 7.7.2010. Learned counsel for the petitioner further submits that the circumstances were beyond the control of the petitioner and because of ailment, he could not conclude his evidence. His statement is essential for just decision of the case. Although it is mentioned that various opportunities were granted but the petitioner was not granted opportunities as the summons were sent to the witnesses and those witnesses could not be served. Learned counsel for the petitioner also submits that if one opportunity is granted to the petitioner, he would conclude his evidence on one date. Notice of motion. Mr. R.S.Rawat, learned AAG, Punjab accepts notice on the asking of the Court. As per submission made by learned counsel for the petitioner, the statement of the petitioner-complainant is necessary for just decision of the case and because of his ailment, he could not appear before the Court and conclude his evidence. As per certificate issued by the doctor of Fortis Hospital, which is also placed on record, shows that petitioner was advised rest for three months w.e.f. 12.4.2010 and because of that reason he could not get his statement recorded. The reason given by the petitioner seems to be genuine and bona fide and the circumstances were also beyond his control. Crl.Misc.No.M-21985 of 2010 [3] In view of the submissions made by the learned counsel for the petitioner, one more and last opportunity is granted to the petitioner for recording his statement subject to payment of Rs.5000/- as costs. Accordingly, the petition is allowed and impugned order dated 7.7.2010 passed by JMIC, Phagwara is set aside and petitioner is directed to appear before the trial Court on 25.9.2010. The trial Court is directed to record his statement on that date. (DAYA CHAUDHARY) JUDGE September 15, 2010. raghav