BUNNA PRASAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the Allahabad High Court adjudging the five appellants guilty of contempt of court and sentencing each of them to pay a fine of Rs. 1,000 and further ordering that in case of default they shall undergo simple imprisonment for two weeks. The High Court held that the five appellants had disobeyed an order of stay passed by it staying proceedings pending before the Nyaya Panchayat, Jokha Khas, District Deoria.

(2.) The relevant facts are these. On September 2, 1963, Yashoda, son of Raj Kumar, filed a complaint before the Nyaya Panchayat, Jokha Khas against Jagdeo, Mahabir and Laxmi alleging that he had been abused and belaboured and his property worth Rs. 40 damaged. On September 10, 1963, the Nyaya Panchayat assembled and evidence was led before it. The case was adjourned to December 25, 1963. On October 11, 1963, Mahabir, accused, made an application under S. 85 of the U. P. Panchayat Raj Act, 1947 to S. D. M. Deoria, to transfer the proceedings on the ground that the complainant Yashoda was father of Bunna Prasad, Sarpanch of Nyaya Panchayat, Jokha Khas. On November 28, 1963, the S. D.M. rejected this application. On December 13, 1963, a notice was issued to the five members of the Panchayat to assemble on December 25, 1963, and hear the case. On December 20, 1963, Mahabir moved an application under Article 227 of the Constitution challenging the order of the S. D. M. dated November 28, 1963, and on the same day the High Court admitted the application and stayed further proceedings before the Nyaya Panchayat. An urgent copy of the order was applied for and obtained on that very day and the counsel sent a telegram in the following words:-

(3.) It is alleged on the side of the applicant, Mahabir, that immediately after the receipt of the telegram an application accompanied by an affidavit and the telegram of his counsel in the High Court was presented before the Nyaya Panchayat with the prayer to stay further proceedings but the Sarpanch refused to take it. This fact was denied and the High Court seems not to have relied on this fact in its Judgment. It seems to us that it is not proved on the evidence here that any such application was made before the Nyaya Panchayat. No application dated December 21, 1963, which was not accepted by the Nyaya Panchayat, has been produced.