Cr.Revision No.6 of 2010. 07.01.2010 Present: Mr. Vinay Thakur, Advocate, for the petitioner. Mr. Vikas Rathore, Deputy Advocate General, for the respondent. The matter in controversy is short, therefore, the same can be decided at this stage to avoid further delay in concluding the trial. Heard. The petitioner is an under-trial prisoner in a case under Section 302 of the Indian Penal Code pending before the learned Additional Sessions Judge (Fast Track Court), Shimla. The learned trial Court called the petitioner to enter into his defence. The petitioner submitted the list of witnesses, but the witnesses were not served. Order dated 5th December, 2009 reflects that last opportunity was accorded by the learned trial Court to produce the defence witnesses and Dasti summons were ordered to be issued only to serve upon Anil Kumar and the case was adjourned for 19th December, 2009. In addition to Anil -2- Kumar the brother and father of the petitioner are the defence witnesses. Since the petitioner is in custody, no such order could have been passed by the learned trial Court even to take Dasti summons. It was incumbent upon the learned trial Court to resort to the coercive method, if the presence of the defence witnesses could not be procured in a normal way. Therefore, order dated 19th December, 2009 is prejudicial to the petitioner and against fair trial to him, hence unsustainable. Therefore, it is set aside. The case is stated to be fixed on 11th January, 2010 before the learned trial Court. The parties are directed to be present on that day before the learned trial and the learned trial Court is hereby directed to issue bailable warrants at the first instance to procure the presence of the defence witnesses on a date to be fixed by it and in case they failed to appear, the Court may take further coercive method in accordance with law for their presence. The matter stands finally disposed of. Cr.,M.P. No.18 of 2010. In view of the disposal of the main petition, this application also stands disposed of. Copy DASTI. January 07, 2010. (Surinder Singh), J. (rc)