Criminal Revision No.2553 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.2553 of 2010 Date of decision:- 07.4.2011 State of Punjab ...Petitioner Versus Surinder Kaur ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Guninder S. Brar, AAG Punjab for the petitioner. Mr. R.K. Girdhar, Advocate for the respondent. RITU BAHRI J.(Oral) The challenge in this petition is to the order dated 24.7.2010 whereby the Special Judge, Bathinda has transferred the investigation to the C.B.I. for submitting the report under Section 173(8) Cr.P.C. In view of the settled proposition of law the judgment of the Supreme Court in C.B.I. through S.P. versus State of Rajasthan, 2001(1) RCR (Criminal) 574, State of Kerala versus Moosa Haji, 1994 Crl.L.J. 1288 and M. Balakrishna Reddy versus Director, CBI, New Delhi 2008(2) RCR (Criminal) 637, where it has been held that a Magistrate has got no power to order CBI to conduct investigation and that such power can be exercised by High Court under Section 226 of the Constitution of India or by the Supreme Court under Article 32 or Article 142(1) of the Constitution of India. The order dated 24.7.2010, passed by the Special Judge, Bathinda, Criminal Revision No.2553 of 2010 -2- is modified by giving direction to the Investigating Officer to submit his status report on further investigation, which is being conducted as per the order dated 30.09.2010 passed by this Court, expeditiously. The criminal revision is disposed of. April 07,2011 ( RITU BAHRI ) Vijay Asija JUDGE