Criminal Misc. No. 3814-M of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. 3814-M of 2008 Dated of decision : February 13, 2008 Prem Singh .....Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. D.S. Pheruman, Advocate for the petitioner. RAJESH BINDAL J. The challenge in the present petition is to the order dated December 05, 2007 passed by learned Judge, Special Court, Tarn Taran. Assailing the order learned counsel for the petitioner submitted that in the statement made by Ishar Singh on March 09, 1998, he stated that an enquiry was conducted by Shri Sukhdev Singh Chinna, S.P. (CID), City Kotwali, Amritsar and the enquiry proceedings were sent to the Additional Director General of Police, Intelligence, Chandigarh but the file was not being produced. It is alleged that in the enquiry, the petitioner was found to be innocent. Earlier also, the petitioner had approached this Court by filing Criminal Misc. No.25382-M of 2004, which was disposed of vide order dated May 08, 2006 with a direction to the trial Court to examine the matter afresh with respect to the existence or otherwise of the enquiry file and thereafter proceed in accordance with law. The impugned order has been passed thereafter. In the meantime, even the statement of Sukhdev Singh Chinna, SP (CID) (Retd.), Amritsar, who had allegedly conducted the enquiry was also recorded. In his statement Mr. Chinna stated that he did not remember as to whether any enquiry was conducted or any report was sent to the Additional Director General of Police, Intelligence, Chandigarh as he retired from service in August, 1997 whereas his statement was Criminal Misc. No. 3814-M of 2008 -2- **** recorded on April 27, 2004. There was no other evidence or material on record to prove the conduct of enquiry or existence of report except the statement of Ishar Singh, Inspector (CID), Amritsar dated March 9, 1998, which statement also did not provide any detail. Still further he was not the person, who was associated with the enquiry or in any other manner was concerned with that and merely on that basis no finding could be recorded that there was any enquiry report, which was allegedly sent to the Additional Director General of Police, Intelligence, Chandigarh. Learned Cour t below has rightly recorded the finding that there was no enquiry file in existence. Accordingly, while concurring with the view expressed by the Court below, the present petition is dismissed. February 13, 2008 (Rajesh Bindal) Pka Judge