Criminal Misc. No. M-31268 of 2011(O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No. M-31268 of 2011(O&M) Date of Decision: December 08, 2011 M.S.Walia ... Petitioner Versus Central Bureau of Investigation ... Respondent CORAM:- HON'BLE MR.JUSTICE NAWAB SINGH Present: Mr.Brijeshwar Singh Bhalla, Advocate, for the petitioner. NAWAB SINGH J.(ORAL) Challenge is to the order dated December 09th, 1999 (Annexure P12) passed by Principal Secretary to the Government of Punjab, Department of Home Affairs and Justice, Chandigarh; orders dated November 02nd, 2010 (Annexure P15) and August 16th, 2011 (Annexure P19), passed by Special Judge, CBI Court, Chandigarh, whereby, application of the petitioner challenging the validity of the sanction order was dismissed. 2. Earlier, the petitioner had challenged the aforesaid two orders (Annexures P12 & P15) before this Court by filing Criminal Miscellaneous No.M-34307 of 2010, which was dismissed by Nirmaljit Kaur, J. by order dated December 02nd, 2010 (Annexure P16), relevant conclusion of which is extracted as under:- “In the present case also, the sanction order was challenged after the prosecution evidence is almost complete. The case is at the fag end. Even otherwise, no injustice has been caused in as much as the decision to prosecute the petitioner was taken in the Full Court meeting of the High Court. Recommendation to grant sanction was sent to the Government. Even though, the recommendation is binding as well as settled by various Criminal Misc. No. M-31268 of 2011(O&M) [2] pronouncements of the Apex Court, the said sanction has been granted by the Governor, who is the proper Authority by passing a detailed order. A perusal of the same shows due application of mind. Thus, no injustice has been caused. The arguments of the petitioner have been dealt with by the Special Court. Nothing wrong has been pointed out in the said order.” 3. Against the aforesaid order of this Court, petitioner filed Special Leave to Appeal No.26 of 2011 before the Hon'ble Supreme Court. By judgment dated February 08th, 2011 (Annexure P18), Special Leave to Appeal was disposed of by the Hon'ble Supreme Court. The order reads as under:- “Learned senior counsel appearing for the petitioner seeks permission to withdraw the special leave petition with liberty to agitate the same before the trial court. Permission is granted. The special leave petition is dismissed as withdrawn accordingly.” 4. Petitioner again challenged the order dated December 09th, 1999 (Annexure P12) before the Trial Court, but the same was again upheld by the impugned order dated August 16th, 2011 (Annexure P19). 5. Learned counsel for the petitioner has fairly contended that after dismissal of the petition by this Court by vide order (Annexure P16), no further material has come on record to set aside the order (Annexure P12), whereby, sanction was accorded to the prosecution to prosecute the petitioner by the State Government. 6. In this view of the matter, the matter already stands adjudicated by this Court, thus, there is no ground to interfere. 7. Hence, petition is dismissed. December 08, 2011 ( NAWAB SINGH ) `gian' JUDGE