CWP No. 22377 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 22377 of 2010 Date of decision:- 28.01.2011 Simranjit Singh Maan son of late Joginder Singh Maan, resident of village Talania, District Fatehgarh Sahib. ...Petitioner Vs State of Punjab and others. ...Respondents CORAM:-HON'BLE MR. JUSTICE RANJAN GOGOI, ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Mr. Ranjan Lakhanpal, Advocate, for the petitioner. * * * * RANJAN GOGOI, A.C.J. (ORAL) This PIL has been filed seeking the following relief. “Issue writ of mandamus or any other appropriate writ order or direction be issued for ordering further investigation/retrial in case FIR No. 15, dated 24.06.2003, under Sections 420, 467, 468, 471 & 120-B IPC and 7,8,9, 13(1) read with Section 13(2) of the Prevention of Corruption Act, 1988, Police Station Vigilance Bureau, Flying Squad-1, SAS Nagar, Mohali to be conducted by CBI with further prayer that retrial be ordered in the case to be conducted outside the State of Punjab. It is further prayed that safety of the witnesses be ensured so that they may be able to depose without any threat or coercion and CWP No. 22377 of 2010 2 also live peacefully. It is further prayed that this Hon'ble Court may also order any other consequential relief as this Hon'ble Court may deem fit and proper to meet the ends of justice.” On the basis of FIR No. 15 dated 24.06.2003 S.T. Case No. 23 was registered. The trial of the case wherein the present Chief Minister of the State of Punjab as well as the Deputy Chief Minister were arrayed as accused Nos. 1 and 3 has ended in an order of acquittal dated 01.10.2010. On 15.12.2010 while considering this PIL the Court had passed the following order:- “Prima facie we are of the view that collateral challenge in PIL against the order of acquittal is not the appropriate remedy. Learned Counsel for the petitioner seeks time to address his arguments on this point. List again on 28.01.2011.” Today, learned Counsel for the petitioner has emphasized the magnitude of the allegations levelled against the accused; the particulars of persons involved and the peculiar facts of the case in justification of the prayer made to examine the order of acquittal passed in case FIR No. 15 dated 24.06.2003, under Sections 420, 467, 468, 471 &120-B IPC and 7,8,9, 13(1) read with Section 13(2) of the Prevention of Corruption Act, 1988, Police Station Vigilance Bureau, Flying Squad-1, SAS Nagar, Mohali and to pass order for further investigation of the case and retrial of the accused. CWP No. 22377 of 2010 3 We remain unimpressed. Individuals or their status do not mould the law which must be uniformly applied. In view of the fact that an aggrieved party has a remedy by way of an appeal under Section 378 Cr.P.C. and the powers under Section 386 Cr.P.C. include the power to order a reinvestigation or retrial and, above all, in the event no appeal is filed, remedy by way of revision against the acquittal is still open we do not consider the present to be a fit case for admission. PIL accordingly is dismissed. (RANJAN GOGOI) ACTING CHIEF JUSTICE (AUGUSTINE GEORGE MASIH) JUDGE 28.01.2011 Amodh