C.W.P. No.19289 of 2011 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.19289 of 2011 Date of Decision.14.10.2011 Garish Bawa son of Bawa Sarup Singh resident of Kohti No.332, Green Avenue, Amritsar and others .....Petitioners Versus State of Punjab through its Secretary, Department of Home Affairs and Justice, Civil Secretariat, Punjab, Chandigarh and others .....Respondents Present: Mr. Vikram Chaudhary, Advocate for the petitioners. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? No 2. To be referred to the Reporters or not ? No 3. Whether the judgment should be reported in the Digest? No -.- K. KANNAN J.(ORAL) 1. Notice of motion. 2. At the asking of Court, Mr. S.S. Sahu, AAG, Haryana accepts notice on behalf of respondent No.1. Learned counsel for the petitioner will supply a copy of the writ petition to the State counsel during the course of the day for proper communication of the order. Notice to the 2nd respondent is dispensed with. 3. The petitioner is aggrieved by the decision of the Lak Adalat directing a re-investigation to be done after police had submitted report under Section 173 Cr.P.C that there was no case made against the petitioner. A FIR had been registered against the petitioner for the offence under Sections 420, 448, 467, 468, 471 and 120-B IPC. The Lok Adalat cannot assume to itself powers to judge what a jurisdictional C.W.P. No.19289 of 2011 -2- Magistrate is empowered to do under Section 173 Cr.P.C. The order is recalled and the papers which were brought before the Lok Adalat are ordered to be transferred to the jurisdictional Illaqa Magistrate, who will take a decision after serving notice to the complainant in accordance with law. If reinvestigation is under process by virtue of the impugned order, the same be stayed immediately till a final decision is taken by the Magistrate in the manner referred to above. 4. The writ petition is disposed of. (K. KANNAN) JUDGE October 14, 2011 Pankaj*