IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 728 of 2010 Decided on 21.6.2010 Suleman ….Petitioner Versus State of H.P. and others …Respondents Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Kuldip Singh, Judge. For the Petitioner: Mr. Ajay Sharma, Advocate. For Respondents Mr. R.K. Bawa, A.G. with Mr. J.K. Verma, Dy. A.G. Justice Kurian Joseph, C.J. (Oral) Petitioner has filed this writ petition with the following prayer:- “That a writ of mandamus may very kindly be issued thereby directing the respondents to act in accordance with law and take action against respondent No. 6 for mis-appropriating the government money ad against respondent No. 5 for mis- conduct for sheltering respondent No. 6 while conducting inquiry against respondents No. 2 and 3 for sitting over the matter which was represented to them vide complaint/representation and in that process helping respondent No. 6 and respondent No. 1 has been added as party as respondent No. 4 despite receiving complaint having not taken action in accordance with law as such mandamus is sought to the said respondents to act in accordance with law, register Fir and then proceed in the matter by taking investigation, putting challan in the competent court of law to secure ends of law and justice.” 2. It is stated in the reply as follows:- “That the instant CWP is not maintainable against the replying respondents as during the enquiry conducted by the State Vigilance & Anti Corruption Bureau, allegations levelled in the complaint by the petitioner have been proved and cognizable offences u/s 409, 420, 120-B of the Indian Penal Code and 13(2) of Prevention of Corruption Act, 1988 have been made out against the respondent No. 6, the then Excise & Taxation Officer, Kala Amb and others. The respondent/State in response to letter dated 1.4.2010 from the respondent No. 4 has already conveyed necessary permission vide letter dated 6.4.2010 for registration of criminal case against the said respondent No. 6 alongwith others.” 3. It is also stated that on 7.4.2010 FIR No. 3 of 2010 has been registered at Police Station, State Vigilance & Anti Corruption Bureau, Nahan and the case is under investigation. 4. There will be a direction to the Investigating Officer to complete the investigation as expeditiously as possible, at any rate, within four months from today. In that view of the matter the writ petition is disposed of, so also the pending application(s), if any. We make it clear that we have not gone into the merits of the case and all the contentions taken by the parties are left open. Copy Dasti. (Justice Kurian Joseph), Chief Justice. June 21, 2010(K/HL) ( Justice Kuldip Singh ), Judge