ORDER : Shri Arun Pateriya, Advocate for the petitioners. Ms. Nutan Saxena, PP for the respondent/State. Heard. 2. This revision petition under sections 397, 401 of Code of Criminal Procedure, 1973 (in short "the Code") has been filed by the petitioners seeking the following relief : "By allowing this petition, the order dated 9-9-2014, passed by Additional Sessions Judge, Gwalior be quashed and trial Court be directed to call for medical record dated 4-11-2011 of deceased Mithlesh from Konark Hospital, Gwalior." 3. In nutshell, the facts of the case are that the petitioners are facing trial in S. T. No. 187/2013 pending in the Court of Additional Sessions Judge, Gwalior for the charges punishable under sections 304-B, 302, 306, 498-A of Indian Penal Code and under section 3/4 of Dowry Prohibition Act. 4. As per petitioner's case Mithlesh died within 7 years from the date of her marriage. Her marriage was solemnized with petitioner No. 3 -Ravi. After investigation charge-sheet has been filed against the petitioners. 5. After closing the evidence of prosecution, at the stage of defence on 3-3-2014 it was submitted, by the defence counsel that petitioners wished to first call the medical papers dated 4-11-2011 and secondly doctor of the concerned hospital to prove these documents. As Mithlesh was treated in Konark Hospital, Shinde Ki Chhawni, Lashkar, Gwalior, the aforesaid prayer of petitioners' counsel was turned down by the trial Court on the ground that the petitioners have other recourse to summon the requisite papers under Right to Information Act and so opportunity was also given that after obtaining and filing the aforesaid treatments papers showing the name of the treating doctor, their prayer for calling the doctor concerned may be considered at appropriate stage. The case then was fixed for defence evidence on 27-3-2014. Hearing was adjourned as prayed by the petitioners on 27-3-2014 and thereafter on 15-4-2014, 5-5-2014, 23-5-2014, 28-6-2014, 14-7-2014, 31-7-2014 and last opportunity was given on 19-8-2014 by directing that if defence evidence is not produced, final arguments would be heard. 6. Ultimately, on 19-8-2014, right of defence to produce evidence was closed by the trial Court and case was fixed for final arguments on 31-8-2014. 6. Ultimately, on 19-8-2014, right of defence to produce evidence was closed by the trial Court and case was fixed for final arguments on 31-8-2014. On 5-9-2014, one application under section 311 of the Code was filed by the petitioners which was dismissed by the Court on 9-9-2014 on the ground that though along with application photocopy of treatment slips was filed but the same had borne manipulated date. Under these circumstances and for the reasons that even after availing several opportunities, the petitioners failed to produce their defence, the Court dismissed the application by striking off the defence evidence. Hence, this revision before this Court. 7. Learned counsel for the petitioners submitted that since beginning it was the defence of petitioners that Mithlesh had died because she was suffering from some disease and she was brought to Konark Hospital for treatment by the petitioners themselves where she was treated and referred to another hospital and on the way she died, therefore, they wanted to summon treatment papers prepared at Konark Hospital, Gwalior and it was duty of the trial Court to call the record to find out the truthfulness of the cause of death, but unfortunately the application was rejected by shifting the burden on the petitioners to obtain documents under RTI Act which was not possible for the petitioners. It is submitted that even on asking for making available the record, same was not supplied by hospital to the petitioners, therefore, they could not produce the same before the trial Court. It is thus submitted that in the attending circumstances, the record of hospital ought to have been called by the trial Court itself to find out the truth. 8. Shri Pateriya, learned counsel for the petitioners, further submitted that as per the certified copy of order sheet dated 15-10-2014 because petitioners No. l and No. 2 Ramkali and Narayan both were absent, their application for exemption was filed on the ground that Ramkali -petitioner No. 1 was ill and Narayan - petitioner No. 2 being her attender could not attend the Court even then the prayer for exemption was refused by the Court and the case was fixed for appearance of petitioners No. 1 and 2 on 18-10-2014 by issuing arrest warrant which indicates that trial is still pending and final judgment has not been pronounced. 9. 9. Prayer made in the petition was opposed by learned Public Prosecutor on the ground that since beginning delaying tactics are being adopted by the petitioner and because of that judgment has not yet been passed till today. 10. On perusal of entire record, this Court is of the considered view that record from Konark Hospital ought to have been summoned by the trial Court as it was not possible for the petitioners to produce the same from the hospital. Even otherwise it is cardinal rule in law of evidence that best evidence should be brought before the Court for reaching on just decision in the case, therefore, the trial Court was required to summon the record including the treatment papers in exercise of powers under section 311 of the Code on judicial principles as well as on the ground of equity. Had the medical papers and doctor as discussed above been summoned by the trial Court then it would not have affected the interest of the prosecution. In other words, certainly it would have rendered much assistance to the trial Court to reach on a just and fair conclusion. Furthermore, perusal of order-sheet of trial Court makes it clear that case is pending since January, 2014 for defence evidence and if proper steps were taken by the trial Court in time then the judgment by now could have been pronounced in the case. 11. Looking to the aforesaid facts and circumstances of the case, the petition filed by the petitioners is allowed. Impugned order dated 9-9-2014 is hereby set aside. Trial Court is directed to call the treatment papers of Mithlesh (since deceased) from the Konark Hospital; Gwalior and to prove the aforesaid documents, In-charge doctor be also summoned without ordering any payment of process fee and TA/DA by defence. Probably the date as 18-10-2014 fixed by trial Court will be holiday, therefore the accused persons are directed to remain present personally along with Advocate before the trial Court on 30-10-2014. The order of issuing arrest warrant dated 15-10-2014 is hereby set aside. The warrant be recalled unserved. The trial Court is also directed to comply the aforesaid order and direction, case be fixed for defence evidence. 12. It is made clear that this order shall be effective, if trial is pending. 13. Copy of this order be sent to the trial Court for compliance immediately.