Criminal Revision No. 1500 of 2011 (O&M) 1 In the High Court of Punjab and Haryana at Chandigarh Criminal Revision No. 1500 of 2011 (O&M) Date of decision: 18.7.2011 Narinder Singh ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Ashok Giri, Advocate, for the petitioner. **** SABINA, J. Petitioner has filed this petition challenging the order dated 27.4.2011 (Annexure P-6) passed by the Sessions Judge, whereby application filed by the petitioner under Section 311 of the Code of Criminal Procedure ('Cr.P.C.' for short) was dismissed. FIR No.136 dated 9.7.2008 was registered at Police Station Phillaur, Jalandhar under Sections 307, 382, 326, 323, 324, 332, 353, 186, 427, 120-B, 148 and 149 of the Indian Penal Code on the basis of the statement of Narinder Singh-petitioner. The petitioner alleged that on 8.7.2008, he was going to attend his duty on motorcycle No.PB-37-D-0905. At about 8.00 a.m. when he reached near the crossing of brick kiln, he saw that three motorcycles Criminal Revision No. 1500 of 2011 (O&M) 2 were parked in the middle of the road. The petitioner slowed down his motorcycle. From the left side of the road, four young men armed with datar, kirpan and gandasa came on the road. Two persons armed with sticks raised lalkara and attacked the petitioner with intention to kill him. The person armed with a dang gave a blow with it on the back side of the head of the complainant. The person armed with kirpan gave two blows with it on the front side of the head of the complainant. The person armed with gandasa gave a blow with it on the right leg of the complainant. The complainant raised alarm and ran from the spot but fell in the nearby fields of paddy. The person armed with a datar gave a blow with it on the right hand of the complainant. In the meantime, another young person came there and said that the legs of the petitioner be cut off. The person armed with datar gave another blow with it on the left foot of the complainant. Two persons armed with kirpans gave blows with it on the left shoulder and left arm near the wrist on the person of the complainant. The person armed with a gandasa gave another blow with it on the buttocks of the complainant. On hearing the alarm raised by the petitioner, some persons came at the scene and consequently, the accused fled away from the spot. They damaged the motorcycle of the complainant and took away his mobile phone, passport and ` 11,000/-. Passport of the wife of the petitioner was damaged as it fell in the water. The number of the sim card of the mobile of the petitioner was 98782 46940. The petitioner was removed to the hospital for treatment. After completion of investigation, challan was presented against Gurmukh Singh, Manjit Kumar, Rakesh Kumar, Gurjinder Singh, Amritpal Singh, Sheikhar, Paramjit Singh and Vijay Kumar. Criminal Revision No. 1500 of 2011 (O&M) 3 Accused Ashwani Kumar has since died and accused Karnail Singh @ Kalia has been declared proclaimed offender. During the pendency of the trial, the petitioner moved an application under Section 311 Cr.P.C.. Vide the impugned order, the said application was dismissed by the trial Court, Hence, the present petition by the complainant. After hearing the learned counsel for the petitioner, I am of the opinion that the present petition deserves dismissal. By way of the application filed under Section 311 Cr.P.C., the petitioner prayed that the Superintendent of Police City-I, Jalandhar be summoned to prove the enquiry conducted by him. Challan has not been presented against accused Harpal Singh. The trial Court is to base its findings on the basis of substantial evidence produced before it. The enquiry report, thus, cannot be said to be material for the just decision of the case. During the course of arguments, learned counsel has failed to convince me that the enquiry file was very essential for the just decision of the case. No ground for interference by this Court is made out. Accordingly, this petition is dismissed. (SABINA) JUDGE July 18, 2011 anita