Crl. Rev. No.1185 of 2011 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Rev. No. 1185 of 2011 (O&M) Date of Decision: July 8, 2011 Nafe Singh and others …..Petitioners Vs. State of Punjab and others …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.H.R. Bhardwaj, Advocate for the petitioners. -.- M.M.S. BEDI, J. (ORAL) Petitioners are aggrieved by the addition of charge under Section 452 IPC on the basis of the statement made by the complainant. Counsel for the petitioner has submitted that the trial Court has wrongly exercised the jurisdiction under Section 216 Cr.P.C. in amendment of the charge. He has placed strong reliance upon the report of DSP annexure P-2 dated March 22, 2008 holding on the basis of the detailed enquiry that the occurrence had not taken place in the house but it had taken Crl. Rev. No.1185 of 2011 (O&M) [2] place in the street. It is submitted that the said report was part of the challan as such the charge under Section 452 IPC was not framed against the petitioners by the trial court on August 26, 2008. I have heard counsel for the petitioners and gone through the report. It will not be appropriate at this stage to express any opinion regarding the authenticity of the statement made by the complainant regarding the place of occurrence but it is hereby observed that the petitioners will be at liberty to rely upon the report dated March 22, 2008 in their favour regarding the non-commission of offence under Section 452 IPC by producing the same and by confronting the same to the witnesses of the investigating agency. It will be open to the trial Court to acquit the petitioners under Section 452 IPC in case they are able to establish that the complainant has wrongly fixed the place of occurrence in order to involve the petitioners in offence under Section 452 IPC. In view of the above observation, I do not find any ground to exercise revisional jurisdiction to interfere in the order passed by the Court under Section 216 Cr.P.C. Disposed of. July 8, 2011 (M.M.S.BEDI) sanjay JUDGE