IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 8508 of 2010 Date of Decision: 01.02.2011 Dalbir Saroha ..Petitioner Versus State of Haryana ..Respondent. 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. V.P.S.Mithewal, Advocate, for the petitioner. Mr. Anil Rathee, Addl. Advocate General, Haryana, for the respondent. **** RANJAN GOGOI, A.C.J.(Oral) This Public Interest Litigation has been filed with the following prayer:- i) “A writ of mandamus or any other appropriate writ, order or direction as this Hon'ble High Court in the circumstances of the case may deem fit be issued for directing the respondent to hold an independent enquiry or by some independent agency in FIR No. 2 dated 5.1.2006 under Sections 7, 8,9, 10, 12, 13 of PC Act and Section 120-B IPC lodged at Police Station Nissing, District Karnal.” From the written statement filed on behalf of all the respondents, it appears that FIR No. 2 dated 5.1.2006, after completion of investigation, has resulted in the trial of two accused under Sections 7, 8, 9, 10, 12 and 13 of the Prevention of Corruption CWP No. 8508 of 2010 [2] Act read with Section 120-B of the Indian Penal Code. The aforesaid trial in PC Case No. (RBT) 01 of 2010 has ended in the conviction of the two accused by judgment and order of learned trial Court dated 26.11.2010. Both the accused have been sentenced to undergo rigorous imprisonment for three years along with fine. The petitioner has also raised a grievance with regard to the involvement of one Sharad Kumar, I.P.S. in the alleged offences for which purpose the complainant had filed an application under Section 319 of the Code of Criminal Procedure before the trial Court. The same was dismissed by the learned trial Court vide order dated 16.8.2010. As the trial of the case on the basis of FIR No.2 dated 5.1.2006 has been concluded and the involvement, if any, of Sharad Kumar, IPS has been decided by the learned trial Court by its order dated 16.8.2010, we are of the view that the issues raised cannot be collaterally reopened in a PIL. Consequently, PIL shall stands disposed of in terms of the above. (RANJAN GOGOI) ACTING CHIEF JUSTICE (AUGUSTINE GEORGE MASIH) JUDGE 01.02.2011 'ravinder'