IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 4243 of 2010 Date of Decision: 04.02.2011 Mandar Singh ..Appellant Versus State of Punjab and others ..Respondents. CORAM: HON'BLE MR. JUSTICE RANJAN GOGOI, ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present : Mr. Lakhbeer Singh Sidhu, Advocate, for Mr. K.S.Sidhu, Advocate, for the petitioner. Mr. Rupinder Khosla, Addl. A.G. Punjab, for respondents No.1 to 4. Mr. A.K.Khunger, Advocate, for respondent No. 5. **** RANJAN GOGOI, A.C.J.(Oral) This Public Interest Litigation has been filed seeking the following relief:- “i) issue a writ of mandamus directing the official respondents to conduct proper inquiry into the frauds and irregularities being committed by Shri Narinder Pal, Principal of Government Secondary School, Sukhanand (Moga) for cheating and playing fraud with the Government School funds allocated/sanctioned for the development of said school and register a criminal criminal case under the relevant provisions of law, in the public interest.” CWP No. 4243 of 2010 [2] From the affidavit filed by one Surjit Singh Khosa, PPS, Deputy Superintendent of Police, it appears that the petitioner had filed an application bearing No. 417 PC 2 B/09 dated 01.12.2009 before the police authorities at Moga with the same very allegations as mentioned in this writ petition. It appears that on the basis of the complaint filed, an investigation was undertaken by the S.H.O. Police Station, Smalsar. However, in the course of investigation when the statement of the petitioner-complainant was recorded, he had asserted that he has filed present writ petition before the High Court and therefore no action should be taken on his complaint. The statement of the petitioner to the aforesaid effect has been enclosed as Annexure R-1 to the said affidavit. Accordingly, the police has not proceeded with the matter. The stand of the petitioner is contradictory. On the one hand he has prayed for registration of a criminal case on the allegations levelled in the writ petition whereas on the other hand the investigation undertaken by the police on the same allegations has been pre-empted by the petitioner by referring to the pendency of this writ petition. In the above circumstances, we do not consider it expedient to keep this PIL pending any longer. It is accordingly disposed of by directing the complaint filed by the petitioner to be duly investigated by the S.H.O. Police Station Smalsar and, thereafter, action in accordance with law be taken against such person/persons including the present respondent No.5 if they are found to be in any way involved in the allegations made. (RANJAN GOGOI) ACTING CHIEF JUSTICE (AUGUSTINE GEORGE MASIH) JUDGE 04.02.2011 'ravinder'