Sawinder Singh vs State of Punjab

Rajive Bhalla, J.—Prayer in this petition filed u/s 482 of the Code of Criminal Procedure is for quashing the order dated 26.04.2003,

Annexure P2, passed by the Lok Adalat, Ludhiana.

Counsel for the petitioner contends that in gross violation of the provisions of the Code of Criminal Procedure, the police filed an untraced

report before the Presiding Officer, Lok Adalat, Ludhiana, on 26.04.2003. Upon consideration of the said report, the Lok Adalat declined to

accept the cancellation report filed by the police and issued directions for further investigation.

It is contended that a Lok Adalat constituted under Legal Services Authority Act, 1987, is not a regular Court. A Lok Adalat can dispose of

matters only where parties arrive at a compromise and therefore the order passed by the Lok Adalat, rejecting the untraced report and directing

the police to reinvestigate the matter, is without jurisdiction. Reliance in this regard is placed upon a judgment of the Hon''ble Supreme Court

reported as State of Punjab v. Mohinderjit Kaur, 2005 (2) CCC 34 (S.C.) : 2005 (1) RCR 419.

Counsel for the State of Punjab submits that after the order of the Lok Adalat, the police is reinvestigating the FIR.

I have heard Learned Counsel for the parties and perused the paper book.

It is not denied that in State v. Sawinder Singh etc., FIR No. 75 dated 22.04.1998 registered under Sections 436/427 IPC at Police-Station,

Focal Point, Ludhiana, an untraced report was presented before the Lok Adalat, Ludhiana. The complainant raised an objection to the acceptance

of the report. The Lok Adalat thereafter proceeded to pass the following order:

Advocate. Complainant disagrees and it is apparent that further investigation in this case is requisite, the police request stands declined. Police file

be returned to the police station concerned.

A perusal of the provisions of the Legal Services Authority Act, 1987, reveal that a Lok Adalat is not a Court/Forum, conferred with

jurisdiction, to receive and adjudicate untraced report/cancellation report/final reports filed under the Code of Criminal Procedure. These reports

prepared, u/s 173 of the Cr. P.C. have to be filed before the Illaqa Magistrate or such Court, as may be conferred with jurisdiction to entertain

them. A Lok Adalat is not such a court and cannot entertain or pass orders on final reports filed u/s 173 of the Cr. P.C. Thus, the respondent-

State erred in filing the final/untraced report before the Lok Adalat which committed a gross error of jurisdiction in passing the order dated

26.04.2003, rejecting the cancellation report and directing further investigation.

Consequently, the order dated 26.04.2003 is set aside and the Investigating Officer is directed to file the untraced report, dated 10.12.1999,

earlier presented before the Lok Adalat, before the Court of a Magistrate competent to entertain the untraced report'' within one month from the

receipt of a certified copy of this order. The Magistrate shall consider, the untraced report, in accordance with law, after providing an opportunity

of hearing to the complainant.

The present petition stands disposed of in the aforementioned terms.